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US examiners given new guidance on obviousness

Eileen McDermott, New York

The USPTO has issued updated guidelines for examiners with respect to determining whether or not an invention is obvious

In 2007, the Office released new guidelines on obviousness which took into consideration the Supreme Court's decision in KSR v Teleflex. In KSR, the Court rejected the Federal Circuit's rigid teaching-suggestion-motivation (TSM) test for obviousness, saying it was inconsistent with...

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