Understanding the Updated USPTO Guidance on Obviousness: A Closer Look

In a significant update from the U.S. Patent and Trademark Office, practitioners are provided with a refresher on the flexible approach to determining patent obviousness, as mandated by the Supreme Court's KSR decision. This newly released guidance not only clarifies the application of common sense in evaluating prior art but also emphasizes the importance of a broad perspective on analogous art and the motivations to combine different references. While not changing the law, the guidance offers a detailed framework that promises to refine how obviousness is argued and assessed in patent law.