Erfindungshöhe (in English: inventive step) is a crucial concept in intellectual property law, particularly in the patent system.

It refers to the level of creativity or inventiveness that an invention must possess in order to be granted patent protection. Erfindungshöhe is a statutory criterion used to assess whether an invention is non-obvious, and it serves as a key determinant in evaluating patentability. To satisfy the requirement of Erfindungshöhe, an invention must not be obvious to a person skilled in the field at the time of its creation. It must demonstrate a significant and innovative leap beyond what is already known or readily available. This criterion encourages inventors to develop groundbreaking solutions that enhance the state of the art in a particular field. Erfindungshöhe is evaluated by considering various factors, including the existing knowledge and technology in the relevant field. The inventive step is not met if the invention merely combines existing elements or methods in a predictable or obvious manner. The determination of Erfindungshöhe is highly contextual and depends on the specific circumstances of each case. In Germany, the legal standard for Erfindungshöhe is set forth in Section 4 of the German Patent Act (Patentgesetz). According to this provision, an invention is considered to involve an inventive step if, at the time of its creation, it was not obvious to a person skilled in the art. This standard aligns with the European Patent Convention (EPC), which establishes a harmonized framework for evaluating the inventive step across member states of the European Patent Organisation. The assessment of Erfindungshöhe requires an understanding of the relevant technical field and the state of the art at the time of invention. Patent examiners play a crucial role in evaluating inventive step during the patent application process. They conduct comprehensive searches to identify prior art references that could challenge the non-obviousness of the invention, thus further shaping the determination of Erfindungshöhe. In conclusion, Erfindungshöhe is a vital criterion in patent law, ensuring that only truly inventive and non-obvious inventions are granted patent protection. It demands a substantial leap beyond existing knowledge and technology, rewarding inventors who contribute original and valuable solutions to the advancement of their respective fields.