Erfindungshöhe

Erfindungshöhe, a German term directly translating to "inventive step" or "inventive level," is a fundamental requirement for patentability in many jurisdictions, particularly within the European Patent Office (EPO) system. It signifies that an invention must not be obvious to a person skilled in the relevant art, considering the existing state of the technology.

To assess erfindungshöhe, patent offices typically employ a problem-solution approach. This involves identifying the closest prior art, determining the technical problem solved by the invention, and then evaluating whether the claimed invention would have been an obvious solution to that problem for a hypothetical skilled person. The skilled person is assumed to have average knowledge and ability within the specific technical field and access to all relevant prior art.

The absence of erfindungshöhe means that the invention is considered too obvious and therefore not deserving of patent protection. It's a crucial distinction from novelty, which simply requires the invention to be new and not previously disclosed. Erfindungshöhe goes further by demanding a certain degree of creativity or ingenuity beyond what is readily apparent. This concept aims to prevent the patenting of trivial advancements and ensure that patents are granted for genuine innovations that push the boundaries of existing knowledge.