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Chapter 2. Formulating the Idea

Chapter 2. Formulating the Idea

In order to formulate an inventive idea, you must first identify a problem and then identify a solution to the problem. The solution must be novel in order to be granted a patent. An inventor must apply two tests to determine if the solution is novel:

  1. Is this idea one that those skilled in the art[1] have not yet considered?

    [1] The term “those skilled in the art have not yet considered” is key to Intellectual Property Law. Essentially, this means experts have not considered this as a solution.

  2. Is this idea one that those skilled in the art would have[2] considered?

    [2] The question of “would have considered,” is very subjective, but suggests that the solution might be obvious to experts and they would have naturally thought of this. The purpose of this test is to establish that the solution is genuinely non-obvious.


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