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In general, the method of assessing inventive step applied by the European Patent Office is based on the “problem-solution” approach. Since the entry into force of the Pact Law in France, the French National Institute of Industrial Property also examines the criterion of inventive step based on the problem-solution approach.

Despite his many different faces, the “person skilled in the art” (PSITA), also called “the person having ordinary skill in the art” or PHOSITA, is a famous character in the field of patents.

PSITA is a legal concept found in many patent laws, which is used in various aspects of patent examinations worldwide. In most jurisdictions, it is a hypothetical person who is presumed to be a skilled practitioner in a technical field with average knowledge and ability and who is aware of what is common general knowledge in the art at a given relevant date.

According to Belgian patent law, the right to a patent for an invention belongs to the inventor or to its successor in title. Therefore, the right to a patent always originates from the inventor, i.e. a natural person. However, this right can be assigned to another entity, such as a company, by means of an agreement. The assignment is important because, in its absence, the inventor can request the Court to transfer the patent to itself or to be registered as co-owner of the patent if the inventor only partially contributed to the invention. Alternatively, the inventor can also request the Court to nullify the patent in its entirety, or partially, when the inventor only contributed to part of the invention.