The USPTO has updated its examination guidelines concerning obviousness under 35 U.S.C. §103, in light of precedential decisions from the Federal Circuit issued since the United States Supreme Court decision in KSR Int’l Co. v. Teleflex Inc. The Updated Examination Guidelines were published in the Federal Register yesterday and include additional didactic examples concerning obviousness. …
Category: KSR
Obviousness After KSR – The U.S. Patent Office’s New Published Examination Guidelines
The U.S. Patent Office has just published new examination guidelines for determining obviousness in light of the Supreme Court’s recent decision in KSR International Co. v. Teleflex Inc. The published guidelines can be found here. Ramifications of this important decision were discussed in this earlier post. If you like this post, why not grab the…
Practical Prosecution Advice After KSR
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)…