Etats-Unis : la Cour suprême durcit les conditions d'obtention des brevets - RDE nº 07293
| Auteur | Legal News |
Le 30 avril 2007, dans l'affaire KSR c/ Teleflex, la Cour suprême des Etats-Unis a rendu une importante décision qui remet en cause la doctrine antérieure pour l'appréciation des critères de brevetabilité d'une invention. Il y a quelques années, une cour d'appel avait adopté une approche appelée "critère TSM" (enseignement, suggestion ou motif) pour apprécier le caractère "évident" ou non d'un brevet : selon la combinaison des éléments à prendre en compte, une revendication de brevet ne pouvait être évidente que s'il existait "une motivation ou une suggestion quelconque invitant à combiner les enseignements tirés du dossier d'antériorité". Dans l'affaire KSR la Cour suprême rejette explicitement l'application rigide du critère TSM. La cour considère que, "si...
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