by Mike Masnick
Thu, Oct 11th 2007 6:38pm
Following the Supreme Court's April Teleflex v. KSR decision lowering the bar for what's considered "obvious" in granting a patent, the US Patent Office has finally gotten around to issuing new guidelines for how patent examiners are to determine whether or not the concept in the patent should be considered "obvious." As per the Supreme Court's ruling, patent examiners can now go beyond prior art "teaching, suggestion, or motivation" (TSM). Now, examiners can look at the prior art in the space and then the ordinary skill in the area and whether or not those of ordinary skill in the art would find the new offering obvious. This is definitely a step in the right direction (or, actually, a step back to where patents originally were supposed to be). Now let's see how well it's actually put into practice.
If you liked this post, you may also be interested in...
- Monsanto And Syngenta About To Receive Dozens Of Patents On Unpatentable Plants
- Patent Troll's Frivolous Attack On Startup Forces Startup To Sell Out To Another Patent Troll
- UK Government Review Says Use Prizes, Not Patents, To Produce Much-Needed New Antibiotics
- Shouldn't The Patent Office Be Able To Reject A Bad Patent Application For Real?
- US Patent Office Makes It Harder To Reject Patents For Obviousness