Teleflex wanted KSR to pay royalties for its device, but KSR refused, saying the Teleflex pedal was an obvious invention that didn't warrant a patent.

FORBES: Getting A Patent Just Got Harder

The bureaucrat looks for defects in the application for example, evidence that the invention is obvious, or has already been patented by someone else.

FORBES: The One Government Bureaucracy Richard Esptein Trusts

The defendants counter that Astra's supposed invention is obvious and not patentable or that, even if the patent is valid, their versions don't infringe.

FORBES: Hard to Swallow

In my opinion, none of the suggestions offered at the conference would change the real problem, which is that the Patent Office examiners are too quick to issue software patents where the so-called invention is obvious to one skilled in the art.

FORBES: Misconceptions About Software Patents

Although a U.S. District court ruled in favor of KSR, the decision was overturned by the U.S. Court of Appeals for the Federal Circuit, which said the test for whether an invention is "obvious" is fairly rigid.

FORBES: Getting A Patent Just Got Harder

In a decision that could have far-reaching implications in the realm of intellectual property, the justices on Monday unanimously overturned an appellate court's decision, ruling that the test for determining whether an invention is "obvious"--and thus not patentable--is too rigid.

FORBES: Magazine Article

To win it, an invention must be original, useful and non-obvious.

ECONOMIST: Brains v bugs