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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Guidelines for Determining Obviousness Under 35 U.S.C. 103 MPEP 2141 Guidelines for Determining Obviousness Under AIA MPEP 2141 Reasons for Obviousness Must Be Articulated Clearly MPEP 2141 Prohibited Proper Analysis of Obviousness for Patentability MPEP 2141 Guidelines for Determining Obviousness Under AIA MPEP 2141 Explanation Required for Obviousness Rejection MPEP 2141 Required Problem Solving Not Controlling for Obviousness MPEP 2141 More Flexible Obviousness Rationale Required MPEP 2141 Person of Ordinary Skill Is Creative MPEP 2141 Consider Diverse Prior Art for Obviousness MPEP 2141 Recommended Other Related FAQs 5 FAQs Collapse How should examiners articulate obviousness rejections? What are the Graham factors in patent obviousness analysis? How does the KSR decision impact obviousness determinations in patent examination? What are the rationales for obviousness rejections after KSR? H...