Obviousness After KSR: The 2010 KSR Guidelines
In addressing the law of obviousness in its 2007 decision in KSR International Co. v. Teleflex Inc
., 550 U.S. 398 (2007), the Supreme Court placed a different emphasis on the framework set forth in Graham v. Deere
, 383 U.S. 1 (1966), and abrogated the exclusive application of the teaching-suggestion-motivation
(TSM) test developed by the Federal Circuit. The Supreme Court held that the TSM test was merely one possible line of reasoning that could be used to support an obviousness determination. More
EPO Practice Tip
As reported in the July 2010 edition of “Full Disclosure,” the European Patent Office (EPO) recently instituted a number of changes to the European Patent Convention (EPC). One of these changes relates to Rule 161 EPC Communications, which pertain to the deficiencies noted in a PCT Written Opinion or International Preliminary Report on Patentability (IPER). More
*Elizabeth A. Laughton is a Law Clerk with Finnegan.