What is the EPO problem-and-solution approach?

It's a three-step test for inventive step: closest prior art, objective technical problem, obviousness to skilled person. Objective, no hindsight.

Could USPTO adopt EPO obviousness method?

Yes, via MPEP updates. But training, culture clash big hurdles.

Should US switch to problem-and-solution for patents?

Maybe for predictability, but risks over-rejection. Test first.

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[USPTO vs EPO] Should US Adopt Problem-Solution for Obviousness?

Imagine filing a patent and knowing exactly how examiners will judge if it's truly inventive. The EPO's problem-solution method promises that clarity; should the USPTO steal it? For everyday inventors, this could mean fewer rejections, or just more bureaucracy.

Legal AI Beat Apr 14, 2026 4 min read 13 views

Comparison chart of EPO problem-solution vs USPTO Graham factors for patent obviousness

⚡ Key Takeaways

EPO's problem-solution offers objective obviousness test US lacks, potentially aiding small inventors. 𝕏
USPTO could adopt via guidelines, but faces examiner resistance and case law overhaul. 𝕏
Historical parallel to KSR: tightening obviousness might crush startup patents. 𝕏