What is the primary purpose of the TSM test?

The primary purpose of the Teaching, Suggestion, or Motivation (TSM) test is to evaluate whether an invention is obvious based on prior art. This test plays a crucial role in determining patentability under the non-obviousness requirement of patent law. It helps assess whether a combination of existing knowledge (the prior art) gives one skilled in the relevant field a reasonable motivation to modify or combine elements in a way that achieves the claimed invention.

In the context of patent examination, the TSM test is used to guide examiners in assessing whether the differences between the claimed invention and the prior art would have been obvious to someone with ordinary skill in the art at the time the invention was made. Understanding the obviousness of an invention is essential, as a finding of obviousness can lead to a rejection of a patent application.

While novelty is an important factor in patentability, the TSM test specifically focuses on the aspect of obviousness rather than simply determining if an invention is new. Economic viability and ownership are also not considered under the TSM test, as these factors pertain to different aspects of the patenting process.