A Paradigm Shift In Obviousness For Pharma, Biotech

Law360, New York (March 3, 2008, 12:00 AM EST) -- In 2007, the Supreme Court decided KSR International Co. v. Teleflex, Inc., 127 S.Ct. 1727 (2007), the first case to consider substantive issues regarding obviousness in patents in over thirty years.

The Court was concerned with inventions that are combinations of known elements, in which successful combination and functionality were predictable. Its task was to establish a standard for determining whether there would have been any apparent reason to combine known elements in the manner claimed.

According to the Court, the reason to combine should not...
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