EPO: Arbitrary Modification of Prior Art Cannot Support Inventive Step
July 30, 2026
In this decision, the Board of Appeal clarifies the requirements for inventive step when introducing variations from the prior art. If a distinguishing feature does not credibly contribute to solving a technical problem, it generally represents a mere arbitrary modification of the prior art which cannot support an inventive step. This principle applies regardless of whether the feature is of a technical or non-technical nature. (EPO-BoA 19.01.2026, T 94/24, Indentation in a hearing aid/GN HEARING)