PTO Posts New Post-KSR Obviousness Guidelines

Of interest to patent-heads only: the USPTO has published examination guidelines for determining obviousness in light of the Supreme Court’s KSR v. Teleflex decision. Ever since the KSR decision landed, patent agents and attorneys have been waiting to find out how the PTO will interpret the changes in the case law. In their new approach to obviousness, the PTO will continue to search for references that “teach, suggest, or motivate”, but such a teaching suggestion or motivation will no longer be necessary for a 103 rejection. Instead, the PTO now provides 7 rationales that can be used by an examiner to bridge the gap between prior art references and the claimed invention.

See: Changes to examination procedure in the Federal Register


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