How does KSR v. Teleflex impact the analysis of obviousness?

The Supreme Court’s decision in KSR v. Teleflex significantly impacted the analysis of obviousness in patent examination. Key points include:

• Rejection of a rigid application of the teaching-suggestion-motivation (TSM) test
• Emphasis on a more flexible approach to obviousness
• Recognition that common sense and ordinary creativity of a person of ordinary skill in the art should be considered

The MPEP states: “The KSR decision reinforced earlier decisions that validated a more flexible approach to providing reasons for obviousness.”

This decision allows examiners to rely on implicit teachings, common sense, and the inferences and creative steps that a person of ordinary skill in the art would employ when considering obviousness.

To learn more:

• KSR v. Teleflex
• Obviousness analysis
• TSM test
• Flexible approach
• Patent examination