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THRESHOLD TEST FOR INVENTIVE STEP

Where the patent application relates to the solving of a problem, being either a problem that is recognized in the art or a problem that is reasonably inferred from the specification, the examiner will consider the question:

“Would the person skilled in the art (in all the circumstances) directly be led as a matter of course to try the claimed invention in the expectation that it might well produce a solution to the problem?”

These amendments are consistent with the decision in Aktiebolaget Hassle & Anor v Alphapharm Pty Limited (2003) AIPC 91-838.