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...
- Obviously, No One Ever Would Have Thought Of Remote Controlled Sex Toys Without This Patent
- Chinese Smartphone Leader Xiaomi Adds Special New Feature In Order To Enter US Market -- A Patent Hoard
- Google Giving Away Some Of Its Patents To Startups To Help Protect Startups From Trolls
- 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