#UPC : Court of Appeal of the UPC gives a detailed three-page headnote on how to assess claim interpretation, added matter, sufficiency, and especially inventive step. Here is a summary of assessing inventive step:
– Establish object of the invention (objective problem) – what the invention adds by looking at the claim as a whole and not individual features. – technical effects that are achieved
– No pointers to the solution in the problem to avoid hindsight
– Would (and not could)
– Realistic starting point – can be more than one
– Solution obvious if a skilled person had taken the next step in expectation of finding the solution to the problem – next step clearly predicable, or was a reasonable expectation of success