A Look at KSR

Law360, New York (June 13, 2007, 12:00 AM EDT) -- What is obvious? The Supreme Court has changed the test. (KSR Int’l Co. v. Teleflex, Inc., April 30, 2007) Many patents that previously would have survived a validity attack will not do so now; and many applications that the PTO would have allowed may now be rejected.

Before the Supreme Court decision, the basic test applied by the PTO and the Federal Circuit was the so-called TMS test, “under which a patent claim is only proved obvious if ‘some motivation or suggestion to combine the prior...
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