Many technology companies believe the current law on obviousness hinders product development by extending patent protection to insignificant advances.
Revisiting Obviousness
Many technology companies believe the current law on obviousness hinders product development by extending patent protection to insignificant advances. The Court of Appeals for the Federal Circuit ('CAFC') reconfigured the obviousness framework established by the Supreme Court to limit the subjectivity of obviousness determinations by adding a 'teaching-suggestion-motivation' test, which is at the heart of a case the Supreme Court has recently agreed to consider. In <i>Teleflex</i>, the CAFC applied the 'teaching-suggestion-motivation' test in vacating a lower court finding of obviousness. <i>Teleflex Inc. v. KSR Intern. Co.</i>, 119 Fed.Appx. 282 (Fed. Cir. 2005). Substantially unchecked to date, this will be the first full hearing on the obviousness doctrine in more than 30 years.
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Patrick Fay And Samuel LoThis premium content is locked for LawJournalNewsletters subscribers only
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