Morris Manning & Martin, LLP

Supreme Court Makes It Harder To Obtain Valid Patents

05.04.2007

On April 30, 2007, the U.S. Supreme Court issued a highly-anticipated ruling on an important legal question – what makes an invention “obvious” and therefore unpatentable? Rather than clarifying the law, the Supreme Court struck down a lower appeals court’s test and reverted to a state of the law that existed in 1966, which expressed an “expansive and flexible approach” to considering obviousness. KSR International Co. v. Teleflex Inc. et al., 550 U.S. ____ (2007).

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