Important Decision Regarding Patents
Posted on May 8, 2007
Filed Under Public Policy |
The Supreme Court yesterday issued a ruling on a case that has broad implications for the technology industry. In KSR vs. Teleflex, the Court heard arguments about patents involving adjustable gas pedals in automobiles, hardly a high tech issue in itself.
However, the underlying arguments in the case went to a central tenet of patent law and struck down a test that lower courts had been using for years to determine the validity of patents called the "teaching, suggestion, and motivation (TSM)" approach.
In short, the Court struck down this test as too rigid and reversed lower court rulings that were in favor of the plaintiff. The Court ruled that incremental innovations that would be obvious even to those with average skills can not be patented.
In other words, the computer mouse is a legitimate invention subject to patent protections, a two button mouse is not…
Morrison & Foerster has a good writeup on the ruling.
Tags: patents
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About
My name is Jeff Nolan and I write Venture Chronicles. I am the VP of Product Marketing for Get Satisfaction and I write about a range of topics that interest me, including public policy, technology, entrepreneurship, finance, and global issues.
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