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Inventive Step

Inventive StepThe "Inventive Step" is definable as the quality or step that makes an invention unique and new. However, there has been a great deal of controversy about what exactly comprises an inventive step. Every year, the Canadian Patent Office deals with a great number of patent cases to determine whether or not an inventive step has been taken.

Patent cases are known for their dependency on voluminous expert testimony about advanced technology and processes. These cases become very time consuming and difficult for a judge to properly assess. In these cases, judges are not the experts and must base their decisions solely on the information given by expert testimony. The expert in the field is more likely to make a better decision than the judge. Also, the question of witness credibility comes into play. This makes patent law cases incredibly difficult to solve.


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