Inventive Step: The Stories We Tell

12 Pages Posted: 14 Apr 2017

Date Written: March 31, 2017


The premise of this paper is that arguing inventive step in patent cases is of necessity telling a story, and as such should be judged by appropriate standards. After exploring the reasons for taking this position, the standard approaches used by the English and German courts and the European Patent Organisation Boards of Appeal are examined to see how well they stand up as story-telling.

Keywords: Patents, inventive step, European patents, EPO, BoA

Suggested Citation

Rees, David, Inventive Step: The Stories We Tell (March 31, 2017). Available at SSRN: or

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