The browser you are using is not supported by this website. All versions of Internet Explorer are no longer supported, either by us or Microsoft (read more here: https://www.microsoft.com/en-us/microsoft-365/windows/end-of-ie-support).

Please use a modern browser to fully experience our website, such as the newest versions of Edge, Chrome, Firefox or Safari etc.

The US Examination of Nonobviousness After KSR v. Teleflex with Special Emphasis on DNA-Related Inventions

Author

  • Timo Minssen

Summary, in English

The year 2007 was an extraordinary year for the U.S. patent system. In a response to far-reaching proposals for significant changes in substantive and procedural patent law, the House of Representatives adopted the 2007 Patent Reform Act in September, heating up the debate over crucial issues that are now being discussed in the U.S. Senate.(1) Moreover, the U.S. Supreme Court also turned its attention to patent issues, delivering three major patent judgments(2) and granting certiorari to hear another case.(3) Probably the most influential of the 2007 judgments was the decision in KSR v. Teleflex.(4) More than forty years after the landmark Supreme Court decision in Grabam v. Jobn Deere(5) developed the basic test for obviousness, the principles that were established in KSR will most likely remain the leading interpretation of the Graham standard for the following years. This article discusses the actual and potential impact of the KSR decision on the assessment of nonobviousness in the U.S. Special emphasis will be given to DNA-related inventions.

Department/s

Publishing year

2008

Language

English

Pages

886-916

Publication/Series

IIC - International Review of Industrial Property and Copyright Law

Volume

39

Issue

8

Document type

Journal article

Publisher

C.H. Beck

Topic

  • Law

Status

Published

ISBN/ISSN/Other

  • ISSN: 0018-9855