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Supreme Court to Review Obviousness Standard: Is a Higher Bar for Patentability Imminent?

In reviewing <i>KSR Int'l v. Teleflex, Inc.</i> (No. 04-1350), the Supreme Court is set to tackle one of the fundamental issues of patentability ' the standard for obviousness under 35 U.S.C. '103. As expected, this case has generated significant interest and numerous <i>amicus</i> briefs have been filed. With oral argument expected to be heard late this month, this case marks the first time in 30 years that the Court will examine this particular issue.

20 minute read October 30, 2006 at 10:17 AM
By
Steven S. Yu, M.d.
Supreme Court to Review Obviousness Standard: Is a Higher Bar for Patentability Imminent?

In reviewing KSR Int'l v. Teleflex, Inc. (No. 04-1350), the Supreme Court is set to tackle one of the fundamental issues of patentability ' the standard for obviousness under 35 U.S.C. '103.

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