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Expert Analysis: How KSR V. Teleflex should Change Your Patent Strategies

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Thursday, 17 May 2007
In the recent case of KSR v. Teleflex, the US Supreme Court has redefined the standard of what is too obvious to patent. Patent attorneys will soon be responding with some new strategies. Let’s take a look at what to expect. KSR is good news for those innocent waifs being victimized by thuggy patent trolls, which is to say innocent big corporations fending off the patent claims of nasty individual inventors. As an alternative to the courts, the US Patent Office has long provided its own reexamination procedure to address questions of patent validity. But reexamination has been little used, perhaps due to a perception that the formal process seemed too favorable to patent owners. No more. Now reexamination looks much more attractive to potential challengers and seems like a faster, cheaper, and more certain way to dispose of a troublesome patent than litigation in the courts....more  Discuss Topic (0) Comments
 
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