“Like Taking Candy from a Baby”: A Comparative Analysis of The Standard of Non-Obviousness in The Patent Law and Practice of The United States, Europe and Azerbaijan

5 Baku St. U. L.Rev. 136 (2019)
Article language: English.


Unsatisfied with the standards of novelty and utility in front of the developing technology, the patent laws started to endorse a new standard which is ‘non-obviousness’. The non-obviousness standard is aimed at the elimination of simple, therefore, doable innovations invented in science or technology from patent protection, thus has undeniable importance. However, the application of the position of the person having ordinary skill in the art may yield to various approaches in the patent practice. The current practice in the Law on Patents of Azerbaijan Republic, particularly the Article 7(6) has brought the view of the specialist working in the same field of the invention to the center of the examination of non-obviousness. In contrast, the practice in the United States and Europe introduces a different notion of the PHOSITA mainly in the case law. This article is going to discuss the said provision in the light of the comparative law and practice and recommend on the revision of the Law on Patents in this regard.

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