The USPTO has sent to the Office of Management and Budget (OMB) for review draft final guidance for use by patent examiners in determining if an invention is obvious in view of the U.S. Supreme Court’s decision in KSR v Teleflex.

The USPTO will post the final guidance document on its website after OMB concludes its review. In the interim, the agency will begin training for examiners on implementation of KSR.

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