http://promotetheprogress.com/while-the-supreme-court-considers-ksr-v-teleflex-one-hand-of-the-federal-circuit-polishes-the-tsm-test-and-the-other-tarnishes-it/605/ Informed and insightful analysis of patent law issues Tue, 22 Dec 2009 13:32:46 +0000 http://wordpress.org/?v=2.9.2 hourly 1 http://promotetheprogress.com/while-the-supreme-court-considers-ksr-v-teleflex-one-hand-of-the-federal-circuit-polishes-the-tsm-test-and-the-other-tarnishes-it/605/comment-page-1/#comment-146 MaxDrei Thu, 07 Dec 2006 07:33:00 +0000 http://unitedstates.promotetheprogress.com/2006/12/06/while-the-supreme-court-considers-ksr-v-teleflex-one-hand-of-the-federal-circuit-polishes-the-tsm-test-and-the-other-tarnishes-it/#comment-146 I still think it a shame that the EPO's TSM test isn't given more attention in USA. After all, it was created in order to achieve consistency of examination of patentability in the early days (1978 onwards) at the EPO, when first drafts of Examiners were arriving in Munich from their national Patent Offices in 12 different European countries, carrying with them 12 wildly different patent laws and examination traditions. Consistency on obviousness had to be established - and fast. The EPO (Wallace and Cadman UK Patent Office guys in charge) succeeded triumphantly. The Problem & Solution Approach is a TSM test, with a rigorous sequence of analysis steps. Like riding a bike, it is hard to grasp it when you have a short attention span, but ridiculously easy once you have got the hang of it. Having seen the level of argument, in the recent oral proceedings in TSR, I can see why nobody thought it a good idea to try to tell the Supreme Ct judges about Problem & Solution. Nevertheless, a shame. I still think it a shame that the EPO’s TSM test isn’t given more attention in USA. After all, it was created in order to achieve consistency of examination of patentability in the early days (1978 onwards) at the EPO, when first drafts of Examiners were arriving in Munich from their national Patent Offices in 12 different European countries, carrying with them 12 wildly different patent laws and examination traditions. Consistency on obviousness had to be established – and fast. The EPO (Wallace and Cadman UK Patent Office guys in charge) succeeded triumphantly. The Problem & Solution Approach is a TSM test, with a rigorous sequence of analysis steps. Like riding a bike, it is hard to grasp it when you have a short attention span, but ridiculously easy once you have got the hang of it. Having seen the level of argument, in the recent oral proceedings in TSR, I can see why nobody thought it a good idea to try to tell the Supreme Ct judges about Problem & Solution. Nevertheless, a shame.

]]>