Top ten policy implications of KSR v. Teleflex - an outline of coming posts

I’ve done a lot of thinking about the potential policy implications of the Supreme Court’s recent decision in KSR v. Teleflex. Needless to say, I think the decision puts us at a pivot point (pun intended) in the continuing development of our patent law.

Here’s my list of the top ten policy implications of the case, presented in no particular order. I’ll address each of these topics over the coming weeks here on Promote the Progress. The alternate title listed for each topic should give you an idea of where I’m going…

1. Patent protection is no longer available for incremental - or ordinary - inventions (or “Death - and the potential for rebirth - in Detroit”)

2. Legislation and regulations directed at patent reform should immediately be placed on hold (or “now’s not the time for silly games”)

3. The Patent Office responds (or “383 U.S. 1: Learn it, know it, live it“)

4. Patent lawyers respond (or “You’ve got to know when to hold ‘em, know when to fold ‘em, know when to walk away and know when to run“)

5. In-house counsel and business folks reformulate the file/don’t file calculus (or “Did you do something extraordinary today?”)

6. Premiums paid for key - read ‘extraordinary’ - inventive personnel will increase (or “did you hear? Company X is hiring…”)

7. Look for industry specific caselaw pronouncements of technologies that constitute mere ‘ordinary innovation’ (or “Silly rabbit, these tricks are for kids“)

8. Patent maintenance fees increase dramatically as grant and maintenance rates drop just as dramatically (or “Hey buddy, can you spare a couple grand?”)

9. The backlog disappears (or “Hey…wait just a minute here”)

10. The Federal Circuit gets a chance to restablish itself as the court that brings uniformity to our patent laws (or “Let’s get going“)