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:
Topics:
MPEP 2100 - Patentability,
MPEP 2141 - Examination Guidelines For Determining Obviousness Under 35 U.S.C. 103,
Patent Law,
Patent Procedure