USPTO Decides To Lower Obviousness Standards

The place for technology related posts.

Moderator: Moderators

Post Reply
User avatar
Sabre
DCAWD Founding Member
Posts: 21432
Joined: Wed Aug 11, 2004 8:00 pm
Location: Springfield, VA
Contact:

USPTO Decides To Lower Obviousness Standards

Post by Sabre »

/. article
Anyone who feels that patent quality is just far too high nowadays will be glad to hear that the USPTO has decided to ditch four of their seven tests for obviousness. Whereas the 2007 guidelines said that an idea is considered obvious if it consisted of '[predictable] variations [...] based on design incentives or other market forces' or if there was 'Use of a known technique [prior art] to improve similar devices (methods, or products) in the same way', the new guidelines do away with those tests. The classic 'teaching-suggestion-motivation' test is still there, with two others. For software developers, silly patents are not the main problem, but they certainly aggravate the matter. As described in one patent lawyer's summary, this change will 'give applicants greater opportunities to obtain allowance of claims.
:roll: Just what they need to do :roll:
Sabre (Julian)
Image
92.5% Stock 04 STI
Good choice putting $4,000 rims on your 1990 Honda Civic. That's like Betty White going out and getting her tits done.
User avatar
zaxrex
DCAWD Founding Member
Posts: 6350
Joined: Mon Sep 06, 2004 8:00 pm
Location: asiandale

Re: USPTO Decides To Lower Obviousness Standards

Post by zaxrex »

Hmm, less work for them, and more money for the people that contribute to their PACs... Brilliant!
Patience is the ability to idle your motor when you feel like stripping your gears
User avatar
Mr Kleen
DCAWD Founding Member
Posts: 15034
Joined: Mon Apr 18, 2005 6:46 pm
Location: Wiesbaden.DE

Re: USPTO Decides To Lower Obviousness Standards

Post by Mr Kleen »

zaxrex wrote:Hmm, less work for them, and more money for the people that contribute to their PACs... Brilliant!
obvious?







too soon?
User avatar
zaxrex
DCAWD Founding Member
Posts: 6350
Joined: Mon Sep 06, 2004 8:00 pm
Location: asiandale

Re: USPTO Decides To Lower Obviousness Standards

Post by zaxrex »

C'mon, it takes a couple of years for filter up economics to be felt.
Patience is the ability to idle your motor when you feel like stripping your gears
User avatar
complacent
DCAWD Founding Member
Posts: 11651
Joined: Sun Aug 29, 2004 8:00 pm
Location: near the rockies. very.
Contact:

Re: USPTO Decides To Lower Obviousness Standards

Post by complacent »

ouch. wtf?

they're almost at the point where they should tear the whole shitting thing down and start over. patent law makes me crazy.
:evil:
colin

a tank, a yammie, a spaceship
i <3 teh 00ntz
User avatar
Sabre
DCAWD Founding Member
Posts: 21432
Joined: Wed Aug 11, 2004 8:00 pm
Location: Springfield, VA
Contact:

Re: USPTO Decides To Lower Obviousness Standards

Post by Sabre »

complacent wrote:they're almost at the point where they should tear the whole shitting thing down and start over. patent law makes me crazy.
Almost?. They should do that. now.
Sabre (Julian)
Image
92.5% Stock 04 STI
Good choice putting $4,000 rims on your 1990 Honda Civic. That's like Betty White going out and getting her tits done.
schvin
DCAWD Groupie
Posts: 1659
Joined: Fri Nov 19, 2004 7:00 pm
Location: washington, dc
Contact:

Re: USPTO Decides To Lower Obviousness Standards

Post by schvin »

UGH
2004 impreza outback
1964 beetle
Post Reply