Commentaries by Donald Chisum
2/28/2008 6:47:23 PM EST
Donald S. Chisum on the Supreme Court's Latest Word on Obviousness and Combination Inventions: KSR International Co. v. Teleflex Inc.
Author, Chisum on Patents
Common sense governs when assessing the patentability of inventions that combine prior art elements. So the Supreme Court holds in KSR. It affirms its prior decisions, which urged caution in granting patents on combinations. It rejects rigid applications of the Federal Circuit's "TSM" (teaching, suggestion, motivation) test, which made challenges to combination patents more difficult. This commentary, written by Donald S. Chisum, author of the renowned treatise Chisum on Patents discusses the import and potential extensions of this important decision.
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