Whether the Supreme Court's Characterisation of Non-obviousness on the Federal Circuit's Judicial Creativity? An Analysis of Post KSR decisions

Unni, V.K.

Please use this identifier to cite or link to this item: https://ir.iimcal.ac.in:8443/jspui/handle/123456789/1449

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DC Field	Value	Language
dc.contributor.author	Unni, V.K.
dc.date.accessioned	2021-08-26T06:06:25Z	-
dc.date.available	2021-08-26T06:06:25Z	-
dc.date.issued	2011
dc.identifier.uri	https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2623405
dc.identifier.uri	https://ir.iimcal.ac.in:8443/jspui/handle/123456789/1449	-
dc.description	V.K. Unni, Department of Public Policy & Management, Indian Institute of Management Calcutta, Kolkata
dc.description.abstract	The Teaching-Suggestion-Motivation test to determine non-obviousness which was widely used by the Federal Circuit faced a serious challenge in 2007 when the US Supreme Court disapproved Federal Circuit's rigid application of such test in the landmark case of KSR v. Teleflex. However subsequent decisions of Federal Circuit have proved that it has been using the test in some way or the other. This write-up examines the judicial creativity demonstrated by the Federal Circuit in questions dealing with non-obviousness and has special focus on all pharma-related patent disputes which came before it during the relevant period.
dc.publisher	AR-IIMC
dc.publisher	Intellectual Property Quarterly(IPQ)
dc.publisher	Sweet & Maxwell
dc.publisher	London
dc.relation.ispartofseries	April
dc.subject	Inventive step
dc.subject	Patents
dc.subject	Pharmaceuticals
dc.subject	United States, K.S.R. v Teleflex
dc.subject	TSM Test
dc.title	Whether the Supreme Court's Characterisation of Non-obviousness on the Federal Circuit's Judicial Creativity? An Analysis of Post KSR decisions
dc.type	Article
Appears in Collections:	Public Policy and Management

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