Posted May 10, 2005 4:11 UTC (Tue) by giraffedata
In reply to: "non-obvious" non-obvious
Parent article: Software, reverse engineering and the law
Yeah, that does seem consistent with the patents we see in the news. What I remember is some words from the one patent class I took 15 years ago. I distinctly remember the words, "a person skilled in the art" in the definition of obvious. Something like, "A person skilled in the art, faced with the same problem, would reasonably be expected to arrive at the same invention."
On the other hand, lets remember that all the silly patents we hear about are just issued -- I never hear about them actually standing up in court. The patent office may be taking a less-than-legal stance on the obviousness test, biasing itself toward granting patents.
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