[Ip-health] more on today's US Supreme Court patent case

[Benjamin Krohmal]

KSR v. Teleflex will be argued at the U.S. Supreme Court today.

An excellent summary of the legal issues is available here:
http://www.scotusblog.com/movabletype/archives/2006/11/
argument_previe_10.html

At issue is whether the "teaching-suggestion-motivation" test is the
proper standard for determining whether an invention is obvious, and
therefor not patentable.

Interestingly, in this case the United States (represented by the
Solicitor General) takes the position that the current test is too
strict, and that it "unnecessarily extends patent rights in many
cases to what should be deemed obvious subject matter."





Benjamin Krohmal
Medical Innovation Fund Project Director
Consumer Project on Technology
Tel: +1-202-332-2670 ex. 14
Fax: +1-202-332-2673
ben.krohmal@cptech.org