The authors are co-counsel to the respondent in KSR International Co. v. Teleflex.
The U.S. Supreme Court has recently shown an interest in intellectual property in general and patents in particular.
Supreme Court Revisits Test for Deciding Obviousness
The U.S. Supreme Court has recently shown an interest in intellectual property in general and patents in particular. Most prominent among the recent cases is <i>KSR International Co. v. Teleflex Inc.</i>, which presents perhaps the most difficult question in substantive patent law: When is the subject of a patent application a true 'invention' ' that is, something that promotes the progress of a useful art sufficient to warrant giving the applicant exclusive rights to the technology claimed for the next 20 years. Conversely, when is the invention 'obvious' ' merely taking a step that anyone of ordinary skill would take, confronted with the same problem and possessing all the knowledge already known to the field?
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Elizabeth Rader And Thomas GoldsteinThis premium content is locked for LawJournalNewsletters subscribers only
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