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Amen on no math/process/software patents, but I'd have to say that the design patents alluded to in your comment are just as subjective as any used today. The l
by nickpinkston 16y ago
Amen on no math/process/software patents, but I'd have to say that the design patents alluded to in your comment are just as subjective as any used today. The legal criteria of the "casual observer" sounds just like the "I know it when I see it" use with porn.
- protomyth 16y agoI don't think so. Either something is one of those categories or its not. The design patent part is pretty straight forward in its application (ornamental aspects of object) and can't be used as a back door to replace a utility patent. It doesn't generate the drama of any of the above categories.
- nickpinkston 16y agoI wasn't implying that it's used like utility patents - just that it's very subjective whether someone is infringing - just like OP was describing.