One Year Later, Prosecutors Come To Grips With KSR

Law360, New York (April 4, 2008, 12:00 AM EDT) -- While prosecutors across the board say last April’s U.S. Supreme Court decision in KSR has made it easier for the U.S. Patent and Trademark Office to reject patent applications based on obviousness, they are using this challenge to step up their own games.

When the Supreme Court rejected how rigidly the teaching-suggestion-motivation test was being applied to determine whether an invention was obvious, many attorneys worried that obtaining patents would become a more difficult process and would discourage inventors. And although those fears have not been...
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