We are still, of course, awaiting the Supreme Court's take on whether to make it easier for a patent examiner to declare an invention "obvious," expected out in early 2007 in the decision in KSR v. Teleflex.

Harold Wegner recently concluded:

No matter what the Supreme Court does say about the obviousness standard in KSR it is difficult to fathom what difference this will make in day to day examination of patent applications.

I agree. But I don't think this matters. The vast majority of patents are still tucked in a drawer, are of little or no commercial value, and never make it into court. But the ones that do are significant, and the Supreme Court's decision certainly will affect their review.

posted by Solveig Singleton @ 10:36 AM | Patents, Supreme Court

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