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- Title
APPLES ARE NOT COMMON SENSE IN VIEW OF ORANGES: TIME TO REFORM KSR'S ILLUSORY OBVIOUSNESS STANDARD?
- Authors
Le Duc, Timothy J.
- Abstract
The article discusses the study which recommends the changes in the patentability standards at KSR which has significantly impacted the U.S. patent system. It notes that the flexibilty of the KSR's standards for obviousness has contributed to the difficulty of obtaining patent protection. It states that many accused infringers would rather fight validity at the Patent Office than in courts to take advantage of its perceived anti-patent bias. It adds that KSR has managed to discount evidence of commercial success which creates a massive amount of economic waste and damages the U.S. patent system.
- Subjects
UNITED States; PATENT law; KSR International Co.; OBVIOUSNESS (Patent law); PATENT agent services; PATENT licenses; PATENTS; PATENT infringement; PATENT offices; EFFECTIVENESS &; validity of law
- Publication
DePaul Journal of Art, Technology & Intellectual Property Law, 2010, Vol 21, Issue 1, p49
- ISSN
2574-4860
- Publication type
Article