PTO Publishes KSR Obviousness Exam Guidelines

Law360, New York (October 10, 2007, 12:00 AM EDT) -- The U.S. Patent and Trademark Office has revised its examination guidelines in light of the U.S. Supreme Court decision in KSR International v. Teleflex Inc., which made it easier to invalidate patents based on obviousness.

The PTO published guidelines on Wednesday for examiners to determine obviousness in light of the KSR decision, which said the teaching-suggestion-motivation test for validating patents was being used too rigidly.

The new guidelines say that examiners can still use the TSM test to reject a patent, but an invention may still...
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