"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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