An article written by Professor Brenda Simon has been selected for inclusion in the 2015 edition of the Intellectual Property Law Review.
“In this article, I offer a different perspective on the perplexing issue of whether an invention is too obvious to deserve patent protection. I propose that courts should consider inventive practices in the technological field to arrive at a more accurate assessment of obviousness, instead of relying on the outdated analogous arts test as they currently do.”
According to the editor, the chosen article has been “judged one of the best law review articles related to intellectual property law published within the last year.” Only about 15-20 law review articles published on the topic of intellectual property law are selected for inclusion in the anthology published by Thomson Reuters annually.
Professor Simon’s article, “Rules, Standards, and the Reality of Obviousness,” was originally published in the Case Western Law Review.
The Intellectual Property Law Review for 2015 has not yet been published. The article currently can be downloaded here.