KSR In A Nutshell The Supreme Court’s decision in KSR International. Co. v. Teleflex, Inc., et al., 550 U.S.___(2007) modified an established test for obviousness under 35 U.S.C. § 103. Prior to KSR, Federal Circuit jurisprudence generally required a teaching, suggestion, or motivation to support a combination or modification of cited art (the TSM test)…
Month: May 2007
Prosecution Profanity – Words To Avoid In Prosecution – Part 1
This is the first of a two-part series on words/phrases that should be used with extreme caution in patent prosecution before the United States Patent Office. I’ve come across a recent series of interesting discussions on the “Anything Under the Sun Made by Man” blog by Russ Krajec. In the series, Mr. Krajec makes a…
The “Art” Of Patent Prosecution Or Don’t Be A Bull In A China Shop
In my opinion, quality patent prosecution can often be as challenging as quality patent application drafting, which is one of the more challenging tasks in the legal profession. The challenge in patent prosecution is not in obtaining allowed claims, but rather in obtaining the broadest claims that have the most value. That is, to convince…