Wednesday, November 29, 2006

Obviousness Is Not So Obvious

Tuesday at the U.S. Supreme Court, the justices heard arguments concerning a basic tenet of patent law. In addition to being new, any invention for patent must be deemed "nonobvious" over what is already known, i.e., the innovation must represent some technological advance -- even if slight. The case KSR v. Teleflex involves an innovation in automotive technology marketed by the patentee (Teleflex) to Ford and allegedly infringed by KSR. The crux of the arguments on appeal, however, is the legitimacy of a legal test for obviousness.


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