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Article: Obviousness After "KSR": The BPAI's Interpretation.(Board of Patent Appeals and Interferences)(KSR International Co.)(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- November 3, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Originally published September, 2009
Determining whether an invention would have been obvious to one of skill in the art has been an evolving analytical balancing act. Arriving at a determination of obviousness, without using hindsight, is a problem that the Federal Circuit attempted to solve by codifying the "teaching, suggestion, or motivation" (TSM) test that had been used in some form for the past several decades. Almost two and half years ago, however, the Supreme Court rejected a rigid application of the TSM test by issuing its ruling in KSR Int'l Co. v. Teleflex, Inc., 127 S.Ct. 1727 (2007). In KSR, the Court ruled that an obviousness analysis "need not ...