ABSTRACT
The patent system intends to correct the incentives to create inventions and innovations. By granting exclusive rights, the incentives usually increase since revenues rise by the ability to charge higher prices or to license the invention. Modern patent systems aim at protecting true inventions. Yet, a universal definition ofwhat a true invention is does not exist. Togetherwith the requirements of utility and novelty, the non-obviousness requirement is applied to ensure a minimum qualitative technical progress in the respective technology line. In this sense, the non-obviousness standard (NOS) constitutes the societies’ definition of an invention.
