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prior art and obviousness | 280 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

prior art and obviousness

Authored by: Anonymous on Friday, February 22 2013 @ 04:08 PM EST

Why should the USPTO be burdened with search for prior art? It would seem more
just that patent applicants be required to search all prior literature (in case
of software that would include magazines, computer group newsletters and
libraries, internet sites and so on) for prior art and have patents subject to
summary elimination in case prior art was missed. In order to test for
obviousness, an operational test would work better than what we have now: pick
10 people expert in the field of the patent, show them the claimed problem being
solved, and ask for solutions. If any of the solutions match the invention, the
invention was obvious. (Pick creative people for these jobs.)
Not many patent applications would get through, but they would likely be worth
while, as opposed to the mess we have today.

[ Reply to This | Parent | # ]

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