10.2 Unexpected technical effect; bonus effect 

An unexpected technical effect can be regarded as an indication of inventive step. However, it must result from the subject-matter as claimed, and not merely from some additional features mentioned only in the description. The unexpected effect must be based on the characterising features of the invention in combination with the known features of the claim. It cannot be based only on features which are, in combination, already comprised in the prior art.

However, if, having regard to the state of the art, it would already have been obvious for a skilled person to arrive at something falling within the terms of a claim, for example because a lack of alternatives created a "one-way street" situation, the unexpected effect is merely a bonus effect which does not make the claimed subject-matter inventive (see T 231/97 and T 192/82). If the skilled person would have to choose from a range of possibilities, there is no one-way street situation and the unexpected effect may very well lead to the recognition of an inventive step.

The unexpected property or effect must be described in precise terms. A vague statement such as "The new compounds have shown unexpectedly good pharmaceutical properties" cannot support inventive step.

However, the product or process does not have to be "better" than known products or processes. It is sufficient that the property or effect would not have been expected.