Tuesday Nov 24, 2009
The Impact of KSR
As a result, some claims that may have been found to be non-obvious before KSR will now correctly be found to be obvious.
Inventors and practitioners will need to take these developments into account when preparing and prosecuting applications. For example, it may be necessary to review a broader cross-section of prior art than was previously necessary, or to consider filing evidence of unexpected results earlier rather than later in the course of prosecution. By being proactive, practitioners will expedite prosecution and avoid unnecessary fees and RCE filings.