Comparative study of the Secondary Considerations for assessment of inventive step of the patent in the light of the jurisprudence of the United States of America, the European Union and the United Kingdom

Document Type : Original Article

Authors

1 PhD Student of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

2 Associate Professor in Department of Private Law, Faculty of Law, Shahid Behehshti University, Tehran, Iran

Abstract

Although the evaluation and determination of the inventive step of an invention, as the heart of the patent system, has always been a challenge in various legal systems around the world, it has become increasingly important over time due to the development of various techniques and industries and the emergence of new technologies. In some legal systems, judicial procedure has introduced various criteria over time, some of which are known as primary considerations and some as secondary considerations. Although the assessment and determination of the inventive step in most cases is based on the main criteria which has a longer history in the judicial practice of the countries studied, but as the inventions become more complex, the secondary considerations have become increasingly important. The systems discussed in this research have been studied as leading systems in the field of identifying secondary considerations. But the approach of Iranian law in this field is not very clear. Considering the importance of the issue on the one hand and the silence of the Iranian legislator in the law of 1310 and 1386 and the new law of 1403 on the protection of industrial property on the other hand and the lack of clear jurisprudence, in this research it has been tried to study the jurisprudence of the United States, the European Union and the United Kingdom. Common secondary considerations are explained in order to provide suitable theoretical bases for Iranian judges when assessing inventive step.

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History

  • Receive Date: 17 March 2025
  • Revise Date: 03 June 2025
  • Accept Date: 22 July 2025

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