Here we go again - US Supreme Court to consider reforming standard for obviousness
Yesterday, the Supreme Court delivered its long-awaited decision on the writ of certiorari in the KSR v. Teleflex case. There was little drama in the answer, as the Solicitor General had recently recommended that the Court hear the case and, usually, those recommendations are followed. There’s plenty of drama ahead, though. Expect oral arguments in the fall with a decision in Spring of next year.
With the granting of certiorari, the Supreme Court, for the second time, has agreed to hear a case that touches directly on patent reform. The case deals with the motivation/suggestion/teaching test developed by the Federal Circuit for dealing with questions of obviousness. While a change to the obviousness standard has yet to be included in any legislative proposal for patent reform, one of the two catalytic reports underlying the reform movement recommended a tightening of the standard and many groups have called for such a reform.
So, once again, patent reform has left the Capitol and walked across First Street to the Supreme Court.
Dennis Crouch already has a fantastic collection of documents from the case thus far.
Visit the KSR v. Teleflex archives for more.
About this entry
Title: “Here we go again - US Supreme Court to consider reforming standard for obviousness”
- Published:
- 06.27.06 / 7am
- Author:
- admin
- Category:
- Caselaw, KSR_TELEFLEX, Patent reform, United States
- Comments:
- 3 Comments
About Promote the Progress
Promote the Progress is a growing portal of patent law information from around the globe.
3 Comments
Jump to comment form | comments rss [?] | trackback uri [?]