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What is the Law of Obviousness?
November 1, 2006
With the Supreme Court taking the KSR case this term, an important question is what the Federal Circuit's law of obviousness under 35 USC § 103 looks like. (The petitioners in KSR, of course, suggest that the law is both a public-policy mess and inconsistent with 1960s and 70s Supreme Court precedents.)
Lee Petherbridge (Loyola LA) and I have a new empirical project that takes a look at this question. We have some initial findings to report in our new paper, The Federal Circuit and Patentability: An Empirical Assessment of the Law of Obviousness, 85 Tex. L. Rev. __ (2007).
Posted in Federal Circuit, IP Politics, Patents | Permalink
