Do Legal Rules Deliver Effective Economic Outcomes?
Chapter 7: The quantum of inventiveness: other approaches and rules
The cases considered here cover both the issue of different approaches under the EPC and a range of policy rules which were designed to ensure that patents were not granted for very trivial inventions. The cases considered in Section 7.2 are all ones where a patent has been granted under the EPC, often assumed to have a higher inventive step. Patent policy includes a number of doctrines which are designed to ensure that patents are not granted for minor modifications and variations. The cases presented in Section 7.3 are ones where one might have expected the analogous use doctrine or doctrines about workshop variations and technical equivalents to apply. There are a variety of other doctrinal rules that affect the grant of patents and the cases discussed in Section 7.4 provide some insights into such doctrines as the problem/solution approach, the requirement for a tangible output and prohibitions against the patenting of ideas.
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