Informed Prior Art Analysis for Traditional Knowledge Based Inventions
Prior art forms the core of novelty and inventive step analysis and also plays an important role in the assessment of other requirements. For negating novelty, the basic principle is: all elements of an invention must be present in a single prior art, expressly or inherently, supplemented by knowledge of a skilled artisan. For making an invention obvious, a combination of prior art elements that form part of the invention must be obvious to a person skilled in the art. The role of prior art is quite straight forward, it must directly, inherently or through combination have elements of the invention.