What is the EPO problem-and-solution approach?

It's a three-step method used by the European Patent Office to objectively assess whether an invention is obvious. It involves identifying the closest prior art, defining the objective technical problem solved by the invention, and then determining if a skilled person would have arrived at the solution from that point.

Could the USPTO really adopt this system?

Technically, yes. The USPTO could change its examination guidelines and practices. However, it would face significant resistance from the legal community and potentially require legislative changes, making it a complex and unlikely shift in the short term.

Why is obviousness so important for patents?

Obviousness is a key hurdle for patentability. If an invention is deemed obvious to someone skilled in the relevant technical field, it's generally not considered inventive enough to deserve a patent. This prevents the patenting of trivial advancements and ensures patents are granted for truly novel contributions.

©️ IP & Copyright

USPTO's Obviousness Test: Is Europe's Way Better? [Analysis]

The USPTO’s approach to obviousness is a mess. Maybe our friends across the pond have a clue.

Legal AI Beat Apr 13, 2026 5 min read

A gavel resting on a pile of legal documents with a circuit board faintly visible underneath.

⚡ Key Takeaways

The US patent system's 'obviousness' test is criticized for being subjective and case-law dependent. 𝕏
The EPO's problem-and-solution approach offers a structured, objective method for assessing inventive step. 𝕏
Adopting a similar approach could bring predictability and clarity to the USPTO's patent examination process. 𝕏
The EPO's three-step process involves identifying prior art, defining the technical problem, and assessing accessibility of the solution. 𝕏