European Case Law Identifier: |
ECLI:EP:BA:1984:T000283.19840315 |
Date of decision: |
15 March 1984 |
Case number: |
T 0002/83 |
Application number: |
79105188.1 |
IPC class: |
- |
Language of proceedings: |
EN |
Distribution: |
A |
Download and more information: |
|
Title of application: |
- |
Applicant name: |
Rider |
Opponent name: |
- |
Board: |
3.3.01 |
Headnote: |
I. The discovery of an unrecognised problem may in certain circumstances give rise to patentable subject-matter in spite of the fact that the claimed solution is retrospectively trivial and in itself obvious ("problem-inventions").
II. In a case where the applicant had supplemented a known layered tablet by the provision of a barrier between the layers, the Board held that the proper question to be asked was not whether the skilled man could have provided the barrier but whether he would have done so in expectation of some improvement or advantage. |
Relevant legal provisions: |
|
Keywords: |
Inventive step - problem unrecognised
Inventive step - problem invention
Problem invention |
Catchwords: |
-
|
Cited decisions: |
|
Citing decisions: |
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69 references found.
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EPO Guidelines - G Patentability
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Offical Journal of the EPO
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Case Law Book: I Patentability
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Case Law Book: II Conditions to be met by an Application
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General Case Law
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