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Inventions could fall prey to Monday morning quarterbacking

The United States Supreme Court soon will decide whether to change the current long-standing patentability standard for obviousness. To be patentable, an invention must not be "obvious" in light of what was publicly known at the moment it was created by the inventor, and any change in the legal test for obviousness would pr......

Full article >>> . 06-1019, Sept. 6, 2006, and Dystar Textilfarben v. CH Patrick Co., No. 06-1088, Oct. 3, 2006). It's the implicit (i.e. implied or capable of being understood from something else, though unexpressed) TSM in the prior art that is causing all the controversy.

Hindsight is 20/20

Implicit TSM comes in many forms, some permissible and......

Full article >>> a> and Federal Circuit. Although European patent law also forbids hindsight, it further requires that any invention solve a technical/scientific problem, and that a combination-type invention be synergistic. So, the U.S. Supreme Court may harmonize American law by adopting the European standard, which would raise the bar in the U.S.

The organizations weighing in on what should be done wit......

Full article >>> filings in lieu of trade secrets.

Who knows? The Supreme Court may require synergy or fashion a completely new test. A decision in KSR International v. Teleflex will happen soon, so stay tuned!

Another column by Chris Rogers

Christopher Rogers: The top 10 misconceptions of life-science patents

Full article >>>
'"/> By Christopher Rogers 10/24/06

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