Whether, to determine the obviousness of a patent claim, the Courts should consider the
(a) prior art
(b) differences between prior art and the subject matter of the said claim
(c) ordinary skill level required of a person in the subject matter of said claim
before considering secondary factors and tests for teaching, suggestions or the patentees motivation?
The Teaching – Suggestion- Motivation Test is a method to determine obviousness of inventions, wherein a claimed invention is rendered obvious when either of the three factors may be found in prior art, or when a person with ordinary skill in the relevant field has the knowledge to combine or create the said invention. The Principle can be used to prevent obvious inventions from being patented and avoid “Chalk and Cheese” disputes.