{
  "id": "RS22669",
  "type": "CRS Report",
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    {
      "source": "EveryCRSReport.com",
      "id": 348503,
      "date": "2007-05-31",
      "retrieved": "2016-04-07T18:06:46.664029",
      "title": "The Obviousness Standard in Patent Law: KSR International Co. v. Teleflex Inc.",
      "summary": "The Patent Act provides protection for processes, machines, manufactures, and compositions of matter that are useful, novel, and nonobvious. Of these three statutory requirements, the nonobviousness of an invention is often the most difficult to establish. To help courts and patent examiners make the determination, the U.S. Court of Appeals for the Federal Circuit developed a test called \u201cteaching, suggestion, or motivation\u201d (TSM). This test provided that a patent claim is only proved obvious if the prior art, the nature of the problem to be solved, or the knowledge of those skilled in the art, reveals some motivation or suggestion to combine the prior art teachings. In KSR International Co. v. Teleflex Inc. (550 U.S. ___ , No. 04-1350, decided April 30, 2007), the U.S. Supreme Court held that the TSM test, if it is applied by district courts and patent examiners as the sole means to determine the obviousness of an invention, is contrary to Section 103 of the Patent Act and to Supreme Court precedents that call for an expansive and flexible inquiry, including Graham v. John Deere Co. of Kansas City, 383 U.S. 1 (1966).",
      "type": "CRS Report",
      "typeId": "REPORTS",
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}