Tuesday, October 16, 2007

It's Obvious!

The Department of Commerce’s United States Patent and Trademark Office (USPTO) has published Examination Guidelines to help USPTO examiners make appropriate decisions regarding the obviousness of claimed inventions in light of the Supreme Court’s recent decision in KSR International Co. v. Teleflex Inc., 550 U.S. __, 82 USPQ2d 1385 (2007).

To help patent examiners make obviousness rejections that are supported by appropriate facts and reasoning, the Guidelines identify a number of rationales suggested by the Supreme Court in the KSR decision. For each rationale, the Guidelines explain the underlying factual findings, and provide guidance about how to reason from the facts to the legal conclusion of obviousness. The Guidelines emphasize, however, that the identified rationales are only examples, and that any explanation of facts and reasoning based on the Graham inquiries may be used to support a rejection for obviousness.

See the Guidelines at http://www.uspto.gov/web/offices/com/sol/notices/72fr57526.pdf


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