An invention is considered to involve an inventive step if, having regard to the prior the art, it is not obvious to a person skilled in the art. Novelty and inventive step are different criteria. The question of whether there is inventive step only arises if the invention is novel.[Art. 33(3); GL/ISPE 13.01; ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/g_vii_1.htm
Date retrieved: 17 May 2021