Really? The "Problem Solution Approach" (PSA) has an element of hindsight in that you look at the claims and see if you can combine two documents or one combined with common general knowledge to get there. Arguing against PSA is not trivial, if even possible.
One thing to keep in mind is that the analysis for inventive step has to be framed based on the state of the art at the priority date, not the state of the art of present time which can easily be 5 years after the priority date. Hindsight is not supposed to be used for this analysis.
Finding a good objective method to determine inventive step is hard and the discussions on how to do it have been ongoing for decades. USPTO, UKIPO, JIPO and EPO all have different methods.
Copyright © 2017, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds