Finding Synergy: How KSR v. Teleflex Will Affect Patent Prosecution in the Electrical and Mechanical Arts

In KSR International Co. v. Telejlex Inc, the Supreme Court held that the test for obviousness used by the Federal Circuit was inconsistent with 35 U.S.C. §103 and Supreme Court precedent. Specifically, the Court held that the Federal Circuit gave too much weight to the “teaching, suggestion and motivation” test (TSM) which requires a specific finding of some motivation, teaching, or suggestion to combine prior art teachings in the particular manner claimed before a claim may be found invalid.

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