The Federal Circuit's New Obviousness Jurisprudence: An Empirical Study

Patent institutions: shifting interactions between legal actors

“…One of the most important Supreme Court decisions, not only for purposes of substantive patent law, but also for purposes of institutional interaction, was KSR International Co. v. Teleflex Inc. According to Rantanen (2013), in the 10 years prior to the grant of certiorari in KSR, the Federal Circuit found 54% of patent claims on appeal nonobvious. Since then, it has found 43% nonobvious.…”