Annex – Examples relating to the requirement of inventive step – indicators
2. Obvious combination of features?
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A revised version of this publication entered into force. |
2.1 Obvious and consequently non-inventive combination of features:
The invention consists merely in the juxtaposition or association of known devices or processes functioning in their normal way and not producing any non-obvious working interrelationship.
Example: Machine for producing sausages consists of a known mincing machine and a known filling machine disposed side by side.
2.2 Not obvious and consequently inventive combination of features:
The combined features mutually support each other in their effects to such an extent that a new technical result is achieved. It is irrelevant whether each individual feature is fully or partly known by itself. However, if the combination of features is a bonus effect, e.g. as the result of a "one-way street" situation, the combination might lack an inventive step.
Example: A mixture of medicines consists of a painkiller (analgesic) and a tranquilliser (sedative). It was found that through the addition of the tranquilliser, which intrinsically appeared to have no painkilling effect, the analgesic effect of the painkiller was intensified in a way which could not have been predicted from the known properties of the active substances.