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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