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On Tue, 1 May 2007, Jonathan King wrote:
When the Supreme Court goes 9-0 on something, they are making an
unusually strong statement about a topic. And yesterday's decision is
huge:
http://www.washingtonpost.com/wp-dyn/content/article/2007/04/30/AR2007043001668.html
Basically, this empowers patent examiners and courts to consider
"obviousness" in a much less constrained way, particularly in cases
where you are seeking a patent for invention A that is the simple
composition of pieces with previous discoveries. If this really kicks
in, I think the number of patents could go down by 50% or more, although
the number of lawsuits that go to trial will go way up if more patents
are challenged.
Overall, this is excellent news.
Things were getting out of control. I was bothered especially by "use
patents" where the "inventor" simply suggested a way to use something that
already existed. When I saw the "method of exercising a cat" using a
laser pointer,...
http://taxa.epi.umn.edu/~mbmiller/lasercat.html
... it pissed me off because I had been doing that before it was
"invented," as had many other people, and we didn't like someone else
pretending he was the lone genius who came up with it. Yes, that's a real
patent.
On the other hand, it might be fun to come up with funny "use patents" and
get them in the USPO database. Let's see, how about "method of using a
bowling ball to crack walnuts?" "Method of using a vacuum cleaner to
catch mice?" I could go on.
Mike
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