United StatesGene patents under attack

Recently patent owners and applicants have run into stormy waters in the United States. KSR v Teleflex lowered the bar on finding obviousness, leading to a significant number of patents being invalidated and applications rejected on this ground. Business method patents were curtailed in 2009 by the new ‘machine-or-transformation’ test announced in In re Bilski and face additional uncertainty over the next year while the patent community waits to see how the Supreme Court rules on the appeal.

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