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Friday, May 11, 2012

Patent Inventive Step, Non-Obviousness Assessment - The Height of Inventive Step - A New metric From Crafitti

Height of the Inventive Step (HIS) is a metric developed by Crafitti to quantify one of the most controversial and least understood condition of patentability called non-obviousness or the inventive step over prior art. 

An invention besides being novel has to be inventive over prior art for it to be qualified as a patent right. 
TRIZ proposes a 5 level qualitative scale to measure the strength of an inventive solution. 
Crafitti has combined the level of invention over prior art with lines of system evolution in a relative index of Height of the Inventive Step over prior art. 
The HIS not only gives a relative measure of non-obviousness or inventive step over prior art but also gives a measure of strength of the invention over prior art. 
The strength parameters of an invention are – 
level of difficulty to invent around
level of ease with which the infringement is verified and 
height of inventive strength

The HIS metric leads to first such metric and can also be used to draft stronger patent claims which are likely to be granted as their non-obviousness will be quantified.

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