Erfindungsnähe

Erfindungsnähe, a German term, translates to "inventive step" or "non-obviousness" in English patent law. It is a crucial criterion for determining whether an invention is patentable. An invention is considered to have an inventive step if it is not obvious to a person skilled in the relevant technical field at the time the patent application was filed. This means the invention must go beyond what a hypothetical expert, possessing average knowledge and skills in the field, would have readily conceived.

The concept of Erfindungsnähe aims to prevent the patenting of trivial advancements or mere combinations of existing technologies that do not produce a surprising or unexpected result. Patent offices and courts assess this criterion by considering the prior art, which encompasses all publicly available information before the filing date. They then evaluate whether the claimed invention would have been an obvious development from this prior art.

Several factors can be considered when assessing Erfindungsnähe, including whether the invention solves a long-standing problem, achieves an unexpected technical effect, or overcomes a prejudice in the field. The mere combination of known elements, even if it leads to a new product, might not be considered inventive if the combination itself was obvious or if the individual elements perform their known functions without synergistic interaction. Ultimately, Erfindungsnähe ensures that patents are granted for genuine technical progress rather than insignificant modifications.