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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Thursday, November 30, 2006KSR v. Teleflex: The Future of Non-Obviousness in the U.S.This Blog is known to be somewhat Euro-centric. Therein lies the very reason why I don't bother to blog much on the case KSR v. Teleflex pending before the Supreme Court in the U.S. where the entire interpretation of the concept of non-obviousness as a prerequisite of patentability is put to test. The case is of greatest importance, and perhaps the outcome thereof might by some way or the other indirectly influence also the patent discussion in Europe.On November 28, 2006,  oral proceedings have been held.Thanks to some U.S. Bloggers there is a broad coverage available on the Internet. Take, for example, this posting by Mr. Dennis Crouch on his Blog Patently-O as a starting point.Technorati Tags: Patents[UPDATE 2006-11-30] Mr. Joff Wild, IAM Magazine, has a very interesting and thought-provoking comment on that case:"[...] If some of the finest judicial minds in the US and probably anywhere in the world find it difficult to get to the bottom of patent law and practice, should we be blaming them or the law itself? Obviously patent law is always going to be very technical, but surely its main tenets - such as obviousness - have to be accessible to more than those who specialise in patent law. When you see Supreme Court justices struggling, hasn't something gone very wrong? If they don't get it, what hope for anyone else that has not spent years and years studying the subject? What hope for inventors, company executives, the general public, politicians and just about anyone else outside the rarefied world of the patent law? It seems to me that we do have a problem. [...]"Anybody daring to answer this question?
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