Making Non-Obviousness More Obvious After KSR v. Teleflex: The Technology-Landscape Approach

26 August 2008 Publication

Daniel J. Reaume, Thomas M. Cooley Law School

Non-obviousness is "the fundamental gatekeeper to patentability" in the United States because it "weed[s] out" trivial improvements that are merely "new in the sense that the same thing has not been made before." So an obvious change "devoid of ingenuity" is not patentable. Unfortunately, judging what is "obvious" is often not obvious.

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