Tuesday at the U.S. Supreme Court, the justices heard arguments concerning a basic tenet of patent law. In addition to being new, any invention for patent must be deemed “nonobvious” over what is ...

Discussed here is "routine optimization," an approach to obviousness in cases where the gap between the prior art and patent claims appears to be one that the hypothetical person of ordinary skill in ...

Ewa M Davison and Gary M Myles provide strategies for establishing non-obviousness in the biotechnology and pharmaceutical arts in light of the Supreme Court’s rejection of a rigid TSM test In ...

“It seems manifestly unjust that a petitioner can publicly condemn a patent as obvious, yet not be forced to disclose evidence documenting that, behind closed doors, the petitioner behaved in a manner ...

The judgment in Aktiebolaget Hassle v Alphapharm gives valuable guidance about the ‘obvious to try’ doctrine to the owners of Australian patents. Barry Eagar argues that the judges stressed the ...