Article Abstracts | August 2007
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Supreme Court Decision Impacts High-Tech Patenting
Broader test for “obviousness” promises far-reaching consequences.
by Joseph E. Gortych, Opticus IP Law PLLC
The increasing prominence of intellectual property (IP) in society has prompted the US Supreme Court to take on more cases related to this topic, particularly those involving high-tech business. On April 30, the Supreme Court handed down decisions in two patent-related cases. One case,
KSR v. Teleflex, involved the question of what constitutes the proper analysis for determining whether an invention is “obvious” and thus unpatentable.
In the
KSR case, the court unanimously rejected the narrow application of the so-called “teaching, suggestion or motivation” (TSM) test often used by the Court of Appeals for the Federal Circuit (the highest patent court below the Supreme Court), and it re-established the more expansive and flexible approach of its precedents that makes it easier to find an invention obvious. Although the invention at issue was an automobile accelerator pedal, the decision affects all current and pending patents. Thus, the decision likely will affect patenting in high-tech business...
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