Cart (Loading....) | Create Account
Close category search window
 

Common sense in patent law

Sign In

Cookies must be enabled to login.After enabling cookies , please use refresh or reload or ctrl+f5 on the browser for the login options.

Formats Non-Member Member
$31 $13
Learn how you can qualify for the best price for this item!
Become an IEEE Member or Subscribe to
IEEE Xplore for exclusive pricing!
close button

puzzle piece

IEEE membership options for an individual and IEEE Xplore subscriptions for an organization offer the most affordable access to essential journal articles, conference papers, standards, eBooks, and eLearning courses.

Learn more about:

IEEE membership

IEEE Xplore subscriptions

2 Author(s)

This article discusses common sense for obtaining patents in litigation. Since the teaching, suggestion, or motivation (TSM) would allow one to argue that a combination was improper. A strict reading of the TSM test could make allowable a claim that would rely on elements which in the course of business would have been combined by a person in the field. The test was used by patent attorneys in obtaining patents over rejections. A defendant might raise the argument that a patent is invalid because the patent should never have been issued, since the claims are obvious to a person of ordinary skill in the art. The patent holder could rely on TSM to prevail against a defendant.

Published in:

Communications Magazine, IEEE  (Volume:45 ,  Issue: 10 )

Date of Publication:

October 2007

Need Help?


IEEE Advancing Technology for Humanity About IEEE Xplore | Contact | Help | Terms of Use | Nondiscrimination Policy | Site Map | Privacy & Opting Out of Cookies

A not-for-profit organization, IEEE is the world's largest professional association for the advancement of technology.
© Copyright 2014 IEEE - All rights reserved. Use of this web site signifies your agreement to the terms and conditions.