HKLII Hong Kong Ordinances

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PATENTS ORDINANCE - SECT 96

Inventive step

(1) An invention shall be considered as involving an inventive step if, having
regard to the state of the art, it is not obvious to a person skilled in the
art.

(2) For the purpose of subsection (1), if the state of the art also includes
documents within the meaning of section 94(3), these documents are not to be
considered in deciding whether there has been an inventive step. [cf. EPC Art.
56]



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