How does the ‘teaching, suggestion, or motivation’ (TSM) test apply in obviousness determinations?
How does the ‘teaching, suggestion, or motivation’ (TSM) test apply in obviousness determinations? The ‘teaching, suggestion, or motivation’ (TSM) test is an important concept in determining obviousness in patent examination. According to MPEP 2143, while the TSM test is not the sole test for obviousness, it remains a valid approach: “The Supreme Court in KSR…
Read MoreHow 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…
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