n Without Prejudice - New American guidelines on obviousness : intellectual property
|Article Title||New American guidelines on obviousness : intellectual property|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Nov 2010|
On September 1 this year the United States Patent and Trademark Office (USPTO) issued new guidelines for patent examiners to guide them when assessing obviousness in US patent applications. The aim of the guidelines is to remind examiners of the principles set out by the Supreme Court in KSR International Co. v Teleflex Inc (2007) (the KSR case), as well as to inform them of case law developments on obviousness during the past three years (since the KSR case). These guidelines should be used in conjunction with the principles set out in the Manual of Patent Examining Procedure.
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