How does the KSR decision affect the determination of a substantial new question of patentability?

The KSR International Co. v. Teleflex Inc. decision, which clarified the legal standard for determining obviousness under 35 U.S.C. 103, does not directly alter the standard for determining whether a substantial new question of patentability (SNQ) exists. The MPEP states:

“Note that the clarification of the legal standard for determining obviousness under 35 U.S.C. 103 in KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007) does not alter the legal standard for determining whether a substantial new question of patentability exists.”

However, while KSR doesn’t change the SNQ standard itself, it may indirectly affect how examiners evaluate prior art when considering whether an SNQ exists, particularly in cases involving obviousness questions.

To learn more:

• KSR decision
• substantial new question of patentability
• SNQ
• obviousness
• patent reexamination