Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co. v. Teleflex Inc.

摘要

The United States Patent and Trademark Office (USPTO) is publishing examination guidelines for determining obviousness under 35 USC §103 in view of the Supreme Court decision in KSR International Co. v. Teleflex Inc. These guidelines will assist USPTO personnel to make a proper determination of obviousness under 35 USC §103 and to provide an appropriate supporting rationale. DATES: These guidelines are effective October 10, 2007. SUPPLEMENTARY INFORMATION: These guidelines are intended to assist Office personnel to make a proper determination of obviousness under 35 USC §103, and to provide an appropriate supporting rationale in view of the recent decision by the Supreme Court in KSR International Co. v. Teleflex Inc. (KSR).1 The guidelines are based on the Office's current understanding of the law, and are believed to be fully consistent with the binding precedent of the Supreme Court.