The U.S. Supreme Court’s April 30, 2007 decision in KSR v. Teleflex established a more “flexible” approach to obviousness under U.S. patent law, and it could lead to new challenges to the validity of issued patents. Narrow, focused patents may be of higher value now so long as they cover a desired product or service, because narrow patents may be more likely to survive an obviousness challenge. When assessing the strength of a patent portfolio, a review of each patent’s scope is even more essential to determine how much value a patent can bring to the business. A full summary of the Court’s opinion can be found at http://www.pepperlaw.com/pepper/publications_update.cfm?rid=1123.0.
About IP SpotlightIP Spotlight provides news and practice tips relating to the legal and business aspects of intellectual property and other intangible assets. Topics include licensing, due diligence, acquisition, compliance and risk management associated with patents, trademarks, copyrights and trade secrets. IP Spotlight is published by Jim Singer of Fox Rothschild LLP.
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Jim Singer is a partner with the law firm of Fox Rothschild LLP, where he focuses on intellectual property acquisition, protection, enforcement and licensing. For more details and contact information, select the "About the Author" link below.
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