Document Type
Article
Publication Title
University of Pennsylvania Law Review PENNumbra
Abstract
In this debate, Professor R. Polk Wagner, of Penn, and Professor Katherine J. Strandburg, of DePaul University College of Law, consider the merits (and demerits) of one doctrinal approach to the socalled "obviousness" requirement in patent law-the "teaching, suggestion, or motivation" (TSM) test. In Wagner's view, "even with its imperfections, the law and policy of the TSM analysis, done right, offers the best opportunity to bring predictability, transparency, and rigor to what is, at the end of the day, the enormously difficult task of quantifying what the patent law rewards as invention." For reasons she explains, Strandburg maintains that "the current version of the TSM test" is not the "'best available' means of assessing obviousness" and argues for the abolition of the TSM requirement in favor of other alternatives.
First Page
96
Volume
155
Publication Date
2006
Recommended Citation
R. P. Wagner & Katherine J. Strandburg,
Debate: The Obviousness Requirement in the Patent Law,
155
University of Pennsylvania Law Review PENNumbra
96
(2006).
Available at:
https://gretchen.law.nyu.edu/fac-articles/1131
