ISSUE:
Whether the Plaintiff’s invention involved an inventive step in regard to what was previously known or used prior to the date of the patent?
RULE:
The principle of prior art, which began in the 1950s, states that all claimed inventions can only be granted patents given that they pass a test of innovation. Claimed inventions are only presumed to be patentable unless and until the examiner establishes a prima facie evidence that the invention consists of obviousness and knowledge prior to that of the said claim.