. The criterion of inventive step

Definition of Inventive step Sometimes, it is the idea of using established techniques to do something which no one had previously thought of doing. In that case, the inventive idea will be doing the new thing. Sometimes, it is finding a way of doing something which people had wanted to do but could not think how. The inventive idea would be the way of achieving the goal

The legal situation 1-Under the Patent Act 1977 and EPC an invention will be an inventive step ‘if it is not obvious to a person skilled in the art’. The EPO has refused granting a patent because of lack of inventive step 2- It could argued that the criterion of inventive steps may be applied when the invention is not obvious to a person skilled in the art having regard to all matters forming part of the state of art, however not containing matters from patent applications with earlier priority dates which are published later than the priority data of the invention.

Industrial Applicability 1-a patentable invention must not include only theoretical ideas, concepts or notions which cannot be put into practice. Accordingly, if an invention does not have the capability of being used industrially it could not be patented 2-. All of Iraq, the UK, and EPC stipulate that the inventions only need to be ‘susceptible or capable’ of industrial application, which implies that there is no need to show actual use, the potential to be used or made industrially suffices 3-It is also stated that ““an invention shall be taken to be capable of industrial application if it can be made or used in any kind of industry, including agriculture."

To what extent may the patent rules be applied to CPs? 1-The case law system in the UK sought to consider a CP as a supporting assistant factor in the process of invention because the UK PA 1977 law prohibits a CP as such from being.granted a patent 2-One may argue that the UK law does not conflict with the European approach which has not granted patent protection to a CP as such whether in statutes or case law 3-In Iraq, copyright explicitly protects a CP as a literary work; however, Iraqi Patent Law is silent as to whether CPs should be excluded from the domain of patent protection. A literary work is appropriate to the position in Iraq because it is a developing country which means that CPs need flexible protection -