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Posted in Intellectual Property Litigation Blog, General Blog

U.S. Supreme Court rejects “strict approach” to obviousness under 35 U.S.C. 103: KSR Int’l v. Teleflex, Inc.

May 2nd, 2007 by Erich Vieth

In the Supreme Court’s recent decision in KSR Int’l v. Teleflex, Inc., 550 U.S. ___ (2007), the Court rejected the “strict” approach previously utilized by the Court of Appeals for the Federal Circuit and held that a determination of obviousness under 35 U.S.C. § 103 requires a broader inquiry. The Court held that the demonstration of a teaching, suggestion or motivation to combine prior art references is a “helpful insight” in determining obviousness, but that it is not a rigid formulaic requirement that must always be present. Rather, other secondary considerations may be considered in determining obviousness including the effect of demands on the design community or marketplace and the background knowledge possessed by a person having ordinary skill in the art. The Supreme Court held that the function and flexible framework for determining obviousness set forth in Graham v. John Deere Co. of Kansas City, 383 U.S. 1 (1966), which considers such secondary considerations should be utilized.

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