Japan’s approach to obviousness ("easiness to conceive") under Article 29(2) of its Patent Act represents a nuanced balance between legal formalism and examiner discretion. Understanding this framework is essential for global patent practitioners, as Japan accounts for nearly 20% of worldwide patent filings. Unlike the U.S. or Europe, Japan’s system emphasizes technical problem-solving, continuity, and implicit motivation to combine prior art references. This post examines Japan’s obviousness standards through the lens of its examination guidelines, judicial precedents, and procedural idiosyncrasies, providing actionable insights for drafting robust applications and navigating office actions.

An invention will be taken to involve an inventive step in Australia unless it would have been obvious to a person skilled in the relevant art (PSA) in light of the common general knowledge (CGK) and the relevant prior art base. There are currently three different inventive step standards that apply to existing patents and patent applications in Australia, depending on when the application was filed or when its examination was requested.

The U.S. Senate is considering a bill that would formalize a task force between the United States Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) to share information and provide technical assistance regarding patents for human drugs and biologics.