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.
USPTO Decides To Lower Obviousness Standards
Moderator: Moderators
- Sabre
- DCAWD Founding Member
- Posts: 21432
- Joined: Wed Aug 11, 2004 8:00 pm
- Location: Springfield, VA
- Contact:
USPTO Decides To Lower Obviousness Standards
/. article
Just what they need to do 
Sabre (Julian)

92.5% Stock 04 STI
Good choice putting $4,000 rims on your 1990 Honda Civic. That's like Betty White going out and getting her tits done.

92.5% Stock 04 STI
Good choice putting $4,000 rims on your 1990 Honda Civic. That's like Betty White going out and getting her tits done.
- zaxrex
- DCAWD Founding Member
- Posts: 6350
- Joined: Mon Sep 06, 2004 8:00 pm
- Location: asiandale
Re: USPTO Decides To Lower Obviousness Standards
Hmm, less work for them, and more money for the people that contribute to their PACs... Brilliant!
Patience is the ability to idle your motor when you feel like stripping your gears
- Mr Kleen
- DCAWD Founding Member
- Posts: 15034
- Joined: Mon Apr 18, 2005 6:46 pm
- Location: Wiesbaden.DE
Re: USPTO Decides To Lower Obviousness Standards
obvious?zaxrex wrote:Hmm, less work for them, and more money for the people that contribute to their PACs... Brilliant!
too soon?
- zaxrex
- DCAWD Founding Member
- Posts: 6350
- Joined: Mon Sep 06, 2004 8:00 pm
- Location: asiandale
Re: USPTO Decides To Lower Obviousness Standards
C'mon, it takes a couple of years for filter up economics to be felt.
Patience is the ability to idle your motor when you feel like stripping your gears
- complacent
- DCAWD Founding Member
- Posts: 11651
- Joined: Sun Aug 29, 2004 8:00 pm
- Location: near the rockies. very.
- Contact:
Re: USPTO Decides To Lower Obviousness Standards
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.

they're almost at the point where they should tear the whole shitting thing down and start over. patent law makes me crazy.
colin
a tank, a yammie, a spaceship
i <3 teh 00ntz
a tank, a yammie, a spaceship
i <3 teh 00ntz
- Sabre
- DCAWD Founding Member
- Posts: 21432
- Joined: Wed Aug 11, 2004 8:00 pm
- Location: Springfield, VA
- Contact:
Re: USPTO Decides To Lower Obviousness Standards
Almost?. They should do that. now.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.
Sabre (Julian)

92.5% Stock 04 STI
Good choice putting $4,000 rims on your 1990 Honda Civic. That's like Betty White going out and getting her tits done.

92.5% Stock 04 STI
Good choice putting $4,000 rims on your 1990 Honda Civic. That's like Betty White going out and getting her tits done.
-
schvin
- DCAWD Groupie
- Posts: 1659
- Joined: Fri Nov 19, 2004 7:00 pm
- Location: washington, dc
- Contact: