KSR International Co. v. Teleflex Inc.: Another Small Issue for Nanotechnology?
Volume 4, Issue 3
Matthew J. Dowd, Sterne, Kessler, Goldstein & Fox P.L.L.C.
Kenneth C. Bass III, Sterne, Kessler, Goldstein & Fox P.L.L.C.
Robert Greene Sterne, Sterne, Kessler, Goldstein & Fox P.L.L.C.
During this past year, nanotechnology companies and inventors have witnessed several important
decisions concerning United States patent law. Perhaps the most significant is the U.S. Supreme Court’s
decision in KSR International Co. v. Teleflex Inc., which attempted to redefine the standard for
determining whether an invention satisfies the nonobviousness requirement. In this article, two attorneys
involved with that case, Kenneth C. Bass III and Robert Greene Sterne, and patent agent Matthew J.
Dowd discuss the potential impact of the Supreme Court’s decision on nanotechnology. Every inventor,
company, and patent attorney involved with nanotechnology should want to know if and how the Supreme
Court changed the bar to patentability for nanotech inventions.
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