USPTO's New Post-KSR Obviousness Guidelines

October 27, 2010

Organizer: Law Seminars International

Program: Three years after the Supreme Court's decision in KSR v. Teleflex, practitioners and commentators continue to debate the vitality of pre-KSR Federal Circuit precedents interpreting and applying 35 U.S.C. 103. On September 1, 2010, the USPTO issued its Examination Guidelines Update: Developments in the Obviousness Inquiry After KSR v. Teleflex, a key document for all patent practitioners in the post-KSR world.

In this one-hour TeleBriefing, four experienced practitioners, including attorneys who litigated the KSR case itself, will discuss the new Guidelines and review post-KSR Federal Circuit precedent interpreting and applying 35 U.S.C. 103 since the KSR decision, with an eye toward offering practical insights for supporting and contesting patentability in the post-KSR environment.