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Super Six Indicators employed to assess the inventive step include.
- Distance: It is to be decided as to how much is the distance between the subject-matter of the invention and the prior-art. If such distance is large, establishing the inventive step is easier.
- Surprising Effect: The inventive step may be present if there is a surprising or unexpected effect. However, if the measures which lead to this effect are near at hand by themselves, a surprising effect is not sufficient for granting a patent.
- Long Felt Need: If the claim solves a "long felt need", there is a presumption that a claim is not obvious as other inventors might have also tried to solve it but could not provide the solution to fulfill the need.
- Failure of Others: If other inventors have tried to solve a problem and were not successful, the claim will likely involve an inventive.
- Complexity of Work: If the work undertaken by the inventor in order to produce the invention was particularly complex, and not readily carried out, that is an indication that it was not a matter of routine. In such cases the invention can be non-obvious.
- Commercial Success: Commercial success is indicative (but not conclusive) of an inventive step.
- Cheaper Product, simplicity of the proposed technical solution.
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