Credit: ronstik/Adobe Stock 'Good News and Bad News': Questions Remain as USPTO Updates Guidance for Utility Patents
"There's no thornier issue than obviousness in patentability," said IP attorney Kevin Crosby.
February 27, 2024 at 02:57 PM
5 minute read
Intellectual Property
What You Need to Know
- The USPTO issued new guidelines for determining obviousness in utility patent applications in light of the Supreme Court's recent decision in KSR v. Teleflex.
- In it's announcement, the office also indicated it is awaiting guidance from the federal circuit guidance on how the high court decision will apply to design patents.
- Experts say these latest guidelines will make the utility patent application process clearer and more predictable.
The U.S. Patent and Trademark Office Tuesday released new guidance for determining "obviousness" based on recent Supreme Court precedent. While IP attorneys say there remain open questions about how that precedent will apply to design patents, it should make life easier for utility patent prosecutors and their clients.
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