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USPTO Decides To Lower Obviousness Standards
Posted: Mon Nov 08, 2010 1:56 pm
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.
Just what they need to do
Re: USPTO Decides To Lower Obviousness Standards
Posted: Mon Nov 08, 2010 4:47 pm
by zaxrex
Hmm, less work for them, and more money for the people that contribute to their PACs... Brilliant!
Re: USPTO Decides To Lower Obviousness Standards
Posted: Mon Nov 08, 2010 5:44 pm
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?
Re: USPTO Decides To Lower Obviousness Standards
Posted: Mon Nov 08, 2010 6:38 pm
by zaxrex
C'mon, it takes a couple of years for filter up economics to be felt.
Re: USPTO Decides To Lower Obviousness Standards
Posted: Mon Nov 08, 2010 8:52 pm
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.
Re: USPTO Decides To Lower Obviousness Standards
Posted: Mon Nov 08, 2010 9:31 pm
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.
Re: USPTO Decides To Lower Obviousness Standards
Posted: Wed Nov 10, 2010 3:36 pm
by schvin
UGH