期刊名称：The John Marshall Review of Intellectual Property Law
印刷版ISSN：1930-8140
电子版ISSN：2154-9893
出版年度：2013
卷号：6
期号：4
页码：2
出版社：The John Marshall Law School
摘要：In KSR International Co. v. Teleflex Inc., the Supreme Court considered what test applies to determine whether an invention is “obvious.” The Court ruled that the teaching-suggestion- motivation (“TSM”) test, developed over the years by the Federal Circuit to defend against hindsight reconstruction, is only one method a court or patent examiner may use when addressing obviousness. The Court’s holding overturned Federal Circuit precedent, which required a finding of non-obviousness unless a teaching, suggestion, or motivation to combine was established. The panel discussion brings together leadings jurists; former law clerks of the Supreme Court, the Federal Circuit, and other courts; leading patent litigators; patent office practitioners; and professors of patent law to examine the potential effects of KSR.
