KSR International Co. v. Teleflex Inc. (2007)

The Court made obviousness more common-sense and flexible. Do not lock yourself into a strict “teaching–suggestion–motivation (TSM)” checklist. Ask what a person of ordinary skill (POSITA) would think: Would they have a reason to combine known parts to get predictable results? If yes, the claim is obvious under §103.

• TSM is helpful, not mandatory.
• Look at prior art, differences, and POSITA’s common sense.
• Secondary factors still matter but cannot rescue an obvious combo.

1. How should courts assess obviousness of a patent claim under §103?
2. Is the TSM test a rigid requirement, or only one useful tool?
3. Did combining an adjustable pedal with an electronic sensor amount to an obvious step for a POSITA?

• §103 Obviousness: A claim is unpatentable if differences over prior art would be obvious to a POSITA.
• Flexible TSM: Teaching, suggestion, or motivation may show a reason to combine—but it is not the only route.
• Predictable results: Combining familiar elements that yield expected outcomes tends to be obvious.
• Secondary considerations: Commercial success, long-felt need, etc., are relevant but not decisive when the combination is plainly obvious.

The Supreme Court ruled for KSR. The TSM test must not be applied as a rigid rule. Courts should consider common sense and reasons a POSITA would have to combine known elements. Because such reasons existed and the result was predictable, the claim was obvious and the patent invalid.

Obviousness asks: would a POSITA find a reason to combine prior art to achieve predictable results? The analysis is flexible, drawing on market forces, design needs, and common sense. TSM can guide, but it is not the gatekeeper.

• Prevents patents on obvious combinations of known tech.
• Encourages realistic, POSITA-centered reasoning in court.
• Shapes prosecution and litigation strategies post-KSR.

1. Use a flexible approach; TSM is not mandatory.
2. Combining old elements for expected benefits is often obvious.
3. Assess reasons to combine from engineering need or market demand.
4. Consider secondary factors but do not let them override clear obviousness.

Mnemonic: K-S-R = Keep it flexible, See reasons, Results predictable

1. Keep it flexible—TSM helps, not rules.
2. See reasons a POSITA would combine.
3. Results predictable? Then likely obvious.

POSITA

Person of ordinary skill in the art—benchmark for obviousness.

TSM Test

Teaching, Suggestion, Motivation—one way to justify combining prior art.

Secondary Considerations

Real-world indicators like success or copying; relevant but not decisive.