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Intellectual property rights allow many innovations to be protected, national laws of protecting innovations set standards that innovations must be meet. These standards vary from country to another. The common factor between all of them is that innovation has to be new and valuable.
Different standards might be confusing for skilled people as what happened in Oneida Indian Nation case when the alleged patent was rejected due to the different criteria between the UK’s Aerotel test and the EPO test. To clarify, the UK’s Aerotel test has accepted the patent because of the technical advantages but because of the EPO application the patent was rejected due to the “technical effect”. There must be a clear and applied mechanism to avoid conflicts. Such a conflict will confuse the applicable, skilled person about the systems which will result in production and innovation will be negatively affected. Additionally, such cases negatively impact investment, as knows that the relationship between inventions and investment. However, in some cases, the systems contrast is not the only obstacle, low requirements cause the same problems.
The UK approach of inventive-step has been criticized in some cases. For instance, referring to the fourth point of the Windsurfing test, presents that, “Viewed without any knowledge of the alleged invention as claimed, do those differences constitute steps which would have been obvious to the person skilled in the art or do they require any degree of invention”, while the court criticized this point of saying the importance is to work on the advantages because, in the end, the importance is the difference between the claim and the prior art.. On the whole, assume that a person has normal skill and has no imagination is a technique that reduces the level of creativity which then will reflect badly on the whole country.
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