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Supreme Court Decision Impacts High-Tech Patenting

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Broader test for “obviousness” promises far-reaching consequences.

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...Read full article

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    Published: August 2007
    analysisBasic ScienceFeatureshigh-tech businessindustrialUS Supreme Court

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