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An Enhanced Standard For Redefining Obviousness: Why Ksr Does Not Work And A Proposed Solution To A Subjectivity Problem, Aaron Davis

Aaron P. Davis

This paper will evaluate the background and evolution of the obviousness requirement of patentability established by 35 U.S.C. § 103, including an in-depth analysis of the landmark decision in KSR v. Teleflex and its subsequent confirmation in Leapfrog v. Fisher-Price. Next, the study will explain why the Supreme Court decision in KSR is ineffective and propose a solution to the KSR problem using a hybrid test, to be explained further, which generally combines the elements of the Graham test with the standard TSM approach adopted by the Federal Circuit post-Graham, and institutes a grace period by which an inventor will …