"Obvious" patent laws could become relaxed, tech firms rejoice

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csnoke @ Dec 1st 2006 11:05PM

A lot of inventions seem "obvious" after someone else comes up with the idea... I'm not sure that should be the standard.

Neutral

wrxracer @ Dec 2nd 2006 3:56AM

You're right, that isn't the standard. The standard was set forth in Graham v. John Deere: the invention cannot be obvious to a person skilled in the useful art at the time the invention was created.

What is being argued in this case the secondary indicita of nonobviousness. Here, the quesiton is whether prior art (previous patents) teachs toward part of the invention.

For a more detailed explanation check out:
http://www.patentlyo.com/patent/
this is where most of us in the patent world go to dicuss.

http://www.patentlyo.com/patent/

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