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The US Examination of Nonobviousness After KSR v. Teleflex with Special Emphasis on DNA-Related Inventions

Minssen, Timo LU (2008) In IIC-International Review of Industrial Property and Copyright Law 39(8). p.886-916
Abstract
The year 2007 was an extraordinary year for the U.S. patent system. In a response to far-reaching proposals for significant changes in substantive and procedural patent law, the House of Representatives adopted the 2007 Patent Reform Act in September, heating up the debate over crucial issues that are now being discussed in the U.S. Senate.(1) Moreover, the U.S. Supreme Court also turned its attention to patent issues, delivering three major patent judgments(2) and granting certiorari to hear another case.(3) Probably the most influential of the 2007 judgments was the decision in KSR v. Teleflex.(4) More than forty years after the landmark Supreme Court decision in Grabam v. Jobn Deere(5) developed the basic test for obviousness, the... (More)
The year 2007 was an extraordinary year for the U.S. patent system. In a response to far-reaching proposals for significant changes in substantive and procedural patent law, the House of Representatives adopted the 2007 Patent Reform Act in September, heating up the debate over crucial issues that are now being discussed in the U.S. Senate.(1) Moreover, the U.S. Supreme Court also turned its attention to patent issues, delivering three major patent judgments(2) and granting certiorari to hear another case.(3) Probably the most influential of the 2007 judgments was the decision in KSR v. Teleflex.(4) More than forty years after the landmark Supreme Court decision in Grabam v. Jobn Deere(5) developed the basic test for obviousness, the principles that were established in KSR will most likely remain the leading interpretation of the Graham standard for the following years. This article discusses the actual and potential impact of the KSR decision on the assessment of nonobviousness in the U.S. Special emphasis will be given to DNA-related inventions. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
in
IIC-International Review of Industrial Property and Copyright Law
volume
39
issue
8
pages
886 - 916
publisher
Verlag C H Beck
external identifiers
  • wos:000262792800002
ISSN
0018-9855
language
English
LU publication?
yes
id
7b375816-2c27-4b1e-8ba2-0ce49368e56d (old id 1375923)
date added to LUP
2009-05-08 17:17:01
date last changed
2016-04-15 20:00:07
@article{7b375816-2c27-4b1e-8ba2-0ce49368e56d,
  abstract     = {The year 2007 was an extraordinary year for the U.S. patent system. In a response to far-reaching proposals for significant changes in substantive and procedural patent law, the House of Representatives adopted the 2007 Patent Reform Act in September, heating up the debate over crucial issues that are now being discussed in the U.S. Senate.(1) Moreover, the U.S. Supreme Court also turned its attention to patent issues, delivering three major patent judgments(2) and granting certiorari to hear another case.(3) Probably the most influential of the 2007 judgments was the decision in KSR v. Teleflex.(4) More than forty years after the landmark Supreme Court decision in Grabam v. Jobn Deere(5) developed the basic test for obviousness, the principles that were established in KSR will most likely remain the leading interpretation of the Graham standard for the following years. This article discusses the actual and potential impact of the KSR decision on the assessment of nonobviousness in the U.S. Special emphasis will be given to DNA-related inventions.},
  author       = {Minssen, Timo},
  issn         = {0018-9855},
  language     = {eng},
  number       = {8},
  pages        = {886--916},
  publisher    = {Verlag C H Beck},
  series       = {IIC-International Review of Industrial Property and Copyright Law},
  title        = {The US Examination of Nonobviousness After KSR v. Teleflex with Special Emphasis on DNA-Related Inventions},
  volume       = {39},
  year         = {2008},
}