On MovieTome: Why you didn't see Shatner in TREK
BNET Business Network:
BNET
TechRepublic
ZDNet
TalkBack 1 of 55:
Next »
"I was thinking about it."
Just as there are thought crimes, so there is a thought demonstration of obviousness.

Yes, some patents are absurd.

The problem is defining a subjective term like obvious in a way Courts can follow.

Particularly when some ideas seem obvious after the fact. Everyone has heard a new idea, and thought Well, of course, sometimes with admiration.

So if the definition of obviousness is to be Well, of course, that's a definition which can be misused by anyone arrogant enough to forget that he had not thought of the idea.

This post doesn't suggest an answer. I'm suggesting that the answer isn't ... obvious.
Posted by: Anton Philidor   Posted on: 11/27/06 You are currently: a Guest | Members login | Terms of Use
Reply to Story Reply to Message

Alert moderator to an offensive message

Subscribe to this discussion via Email or RSS

"I was thinking about it."  Anton Philidor | 11/27/06
I think it's obvious... we need...  el1jones | 11/27/06
The best patent examiners...  Anton Philidor | 11/27/06
Obvious?  earlkaplan@... | 11/27/06
IP property law depend on parties defending their rights against others  lamp299 | 02/21/07
I think that shouldn't be patentable  voska | 11/27/06
In any field...  Anton Philidor | 11/27/06
Thing is people have  voska | 11/27/06
I would say...  Patrick Jones | 11/27/06
Airplanes  Yagotta B. Kidding | 11/27/06
Have to agree... spot on (nt)  el1jones | 11/27/06
But is that true???  No_Ax_to_Grind | 11/27/06
However..  Patrick Jones | 11/27/06
Huh?  No_Ax_to_Grind | 11/27/06
That is the original point!  Patrick Jones | 11/28/06
Duh?  el1jones | 11/28/06
IP - should it be patentable  dhopp@... | 11/27/06
How about a 'tangible' test  l_g_johnson@... | 11/27/06
Ridiculous  wjkahlssmd@... | 11/27/06
i agree with your litmus test, but...  Been_Done_Before | 11/27/06
Are You A Programmer?  wjkahlssmd@... | 11/27/06
I think is was more a metaphore  John Zern | 11/27/06
I thought of that!!!!  wjkahlssmd@... | 11/27/06
as long as it's physical . . .  CobraA1 | 11/27/06
Unfair  SRipley | 11/27/06
Agreed  CobraA1 | 11/27/06
The iPOd???  No_Ax_to_Grind | 11/27/06
They tried to patent their click wheel.  CobraA1 | 11/27/06
And oh, yeah . . .  CobraA1 | 11/27/06
Yes, it should...  No_Ax_to_Grind | 11/27/06
Re: Yes, it should...  none none | 11/27/06
The problem of "obvious" is "when".  No_Ax_to_Grind | 11/27/06
There really is a simple solution to software patents.  No_Ax_to_Grind | 11/27/06
Re: There really is a simple solution to software patents.  none none | 11/27/06
There is no place for software patents  bitfuzzy | 11/27/06
agreed (nt)  CobraA1 | 11/27/06
The answer is obvious...  Ian Lewis | 11/27/06
valuable patent portfolio  Resuna | 11/27/06
Easy  Thore | 11/27/06
Obviousness  ESFabian | 11/27/06
Obviousness of Patents  stevem_001 | 11/27/06
Bogusoids gaming the system  NeutralityNow | 11/27/06
A reason stupid patents exist.  nm32help | 11/27/06
Patenting Software is like patenting math  davidsarmstrong | 11/27/06
Yes and no...  Allstar_z | 11/28/06
All patents must die [nt]  Omch'Ar | 11/27/06
Holy Smokes...  critique | 11/28/06
So a lab which develops a valuable idea...  Anton Philidor | 11/28/06
However..  Patrick Jones | 11/28/06
Thanks!  critique | 11/28/06
Ideas too important to patent?  Anton Philidor | 11/28/06
Woah Woah...  critique | 11/28/06
Oh Yeah....  critique | 11/28/06
I think we are being carried away by the "obviousness" test  lamp299 | 02/21/07
Freedom for the consumer  Dumber_z | 11/11/07

What do you think?

SponsoredWhite Papers, Webcasts, and Downloads

advertisement
Premier Vendor Content Whitepapers, webcasts & resources from our Power Center Sponsors
advertisement

Meet Doc

  • Here to help you with your Document Management Needs
  • Doc is an enigma. Born to a Russian ballerina and a German electrical engineer, he grew up in various locations in the United States. He’s seen the insides of more brands, versions, and generations of printer and printer-related hardware than almost anyone.
  • To learn more about this mysterious figure check out his blog on ZDNet and his Workspace on TechRepublic. You’ll be glad you did.
  • Produced by
    ZDNet and