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Calling the current test of obviousness "gobbledygook", the U.S. Supreme Court yesterday heard arguments in KSR International v. Teleflex, a case which questions the very foundation of all of patent law. During the oral arguments, Chief Justice Roberts intimated that the current "teaching-suggestion-motivation" test relied too little on common sense, while Justice Scalia made the "gobbledygook" comment. Dennis Crouch provides a good background on the history of the TSM test at his PatentlyO blog. And if you have an appetite for Supreme Court arguments, you can find the transcript here.
Experts expect the Supreme Court to raise the bar on the obviousness test, which has been widely criticized, particularly in the area of software and business method patents, which would ultimately make it more difficult to obtain patent protection.
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