"KSR" 사건 분석 및 이를 통한 진보성(Non-Obviousness) 판단기준에 대한 고찰

Consideration of Legal Standard for Obviousness in light of "KSR" Case

The question presented in "KSR" case is whether the 'teaching-suggestion-motivation test' for obviousness which has been a stalwart of Court of Appeals for Federal Circuit for twenty years goes against Supreme Court precedent and results in lots of trivial patents and thus unnecessary patent disputes. Considered in this article in light of "KSR" case are what ground the 'teaching-suggestion-motivation test' for obviousness is based on, what adverse effect it has, and how to harmonize them such that the ground of the 'teaching-suggestion-motivation test' might still be followed and the adverse effect thereof might be minimized at the same time.