Intellectual Property: Patent and Trademark Office Issues New Obviousness Guidelines

On September 1, the U.S. Patent and Trademark Office (USPTO) published in the Federal Register an update to its examination guidelines "concerning the law of obviousness under 35 U.S.C. 103 in light of recent precedential decisions of the United States Court of Appeals for the Federal Circuit issued since the 2007 decision by the United States Supreme Court in KSR Int’l Co. v. Teleflex Inc." The USPTO invited public comment on the update, specifically noting that it "is especially interested in receiving additional suggestions in the field of obviousness that would have particular value as teaching tools." Comments may be sent to KSR_Guidance@uspto.gov.