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Emerging Trends in IP

1/24/2008 7:57:48 PM EST

Supreme Court's Interpretation of Obviousness and Combination Inventions

Posted by AME3bg

In KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 2007 U.S. LEXIS 4745 (April 30, 2007), the Supreme Court held that common sense governs when assessing the patentability of inventions that combine prior art elements. It affirmed its prior decisions, which urged caution in granting patents on combinations. It rejected rigid applications of the Federal Circuit’s “TSM” (teaching, suggestion, motivation) test, which made challenges to combination patents more difficult. The concept of “reasonable expectation of success” in making an invention consisting of prior art elements will be of increased importance after KSR.

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