M$ Patents sudo
D. Hugh Redelmeier
hugh-pmF8o41NoarQT0dZR+AlfA at public.gmane.org
Wed Nov 18 01:57:03 UTC 2009
| From: Darryl Moore <darryl-90a536wCiRb3fQ9qLvQP4Q at public.gmane.org>
| Even without prior art. Things which contribute only an iota of
| innovation and would be plainly obvious to one "trained in the art"
| should not qualify for a patent. Sadly however it usually does. An iota
| of innovation is all one needs for a patent and there really is not
| practical test for obviousness at all.
Having said that, I will also admit that my standard for unobviousness
might be rather high. Like in the cartoon where the prof looks at a
proof for an hour before confirming that it is obvious.
I would bet that a lot of things that have been patented in the
non-software world would look bad to us if we knew of them and their
area. And I'm not even thinking of genes.
"Intelectual Property" law is bleeding into too much of everyday life.
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