Full Disclosure - Patent Prosecution Update - December 2010


In this issue: Obviousness After KSR: The 2010 KSR Guidelines; EPO Practice Tip; High Court IP Roundup - Last Session, And What’s Next; Billion Dollar Patents?; USPTO First Action Interview Pilot Program Redux; and more...

Excerpt from "Obviousness After KSR...":

In addressing the law of obviousness in its 2007 decision in KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), the Supreme Court placed a different emphasis on the framework set forth in Graham v. Deere, 383 U.S. 1 (1966), and abrogated the exclusive application of the teaching-suggestion-motivation (TSM) test developed by the Federal Circuit. The Supreme Court held that the TSM test was merely one possible line of reasoning that could be used to support an obviousness determination.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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