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Inventive Step

Statutory requirements

4.1 Section 13(1)(b) states that a patentable invention is one that involves an inventive step.

4.2 Section 15 sets out the meaning of an inventive step:

An invention shall be taken to involve an inventive step if it is not obvious to a person skilled in the art, having regard to any matter which forms part of the state of the art by virtue only of Section 14(2) and without having regard to Section 14(3).

4.3 Section 14 sets out a definition for the state of the art as follows:

(2) The state of the art in the case of an invention shall be taken to comprise all matter (whether a product, a process, information about either, or anything else) which has at any time before the priority date of that invention been made available to the public (whether in Singapore or elsewhere) by written or oral description, by use or in any other way.

(3) The state of the art in the case of an invention to which an application for a patent or a patent relates shall be taken also to comprise matter contained in an application for another patent which was published on or after the priority date of that invention, if the following conditions are satisfied:

(a) That matter was contained in the application for that other patent both as filed and as published; and

(b) The priority date of that matter is earlier than that of the invention.