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Prior art won't solve the software patent problem (NewsForge)Prior art won't solve the software patent problem (NewsForge)Posted Sep 19, 2006 7:39 UTC (Tue) by Wol (guest, #4433)In reply to: Prior art won't solve the software patent problem (NewsForge) by BrucePerens Parent article: Prior art won't solve the software patent problem (NewsForge)
One HUGE problem I see with OSDL's prior art database is the Patent Office's definition of "inventive and non-obvious".
Given that that definition seems to be "nobody has previously mentioned it in the literature" (which could well be because it's so obvious that no-one has bothered), that still leaves program version X.1 wide open to attack for minor upgrades even if X.0 is in the prior art database!
Actually, should we actually have a case like this, it might provided some hefty anti-patent ammunition ...
Cheers,
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