The Patents Act 1990 (Cth) provides for the Commissioner of Patents (the Commissioner) to refuse to accept a “patent request”1 and a “complete specification”2 for a “standard patent”3 that discloses an alleged invention that does not involve an “inventive step”.4 his is, as a generalisation: (1) an objective quantitative determination of the state of knowledge and information and what the patentee claims to have invented in advance of that knowledge and information; and, (2) a subjective question of fact (or jury question) of whether the advance was of such a quality (not obvious) to warrant the grant of a patent’s statutory exclusive rights.5 This subjective jury question may arise during patent examination,6 opposition,7 re-examination8 and revocation proceedings,9 including as a cross-claim to infringement,10 and applies to each claim in the specification.11