It has been one year since the Supreme Court issued its landmark decision in KSR International Co. v Teleflex Inc. The patent world is still abuzz trying to decipher what this case actually means in terms of obviousness. Does the Teaching, Suggestion, Motivation (TSM) test still apply? Is predictability the best indication of obviousness? If all the elements previously existed does that make it per se obvious? Although there still seems to be more questions than answers, the impacts of KSR are beginning to be flushed out. The United States Patent and Trademark Office issued a set of guidelines for examiners in October 2007 to assist USPTO personnel in determining obviousness. Additionally, the Federal Circuit has interpreted and applied KSR to a number of cases over the past year. So what does it all say? And what does it all mean?
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