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 ...

Sylvan Browne suggests a way to deal with the problem of hindsight bias when assessing the obviousness of a patent application So-called hindsight bias can affect the assessment of the obviousness of ...