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If the claims are non-novel or obvious, then the examiners, who are familiar with the state of the art in the field, will reject them. Maybe the applicant will
by bdowling 3y ago
If the claims are non-novel or obvious, then the examiners, who are familiar with the state of the art in the field, will reject them. Maybe the applicant will amend the claims to claim something narrower, or maybe not.
If the examiner and patent office screw up and allow a claim that shouldn’t have been allowed, then the claim can be challenged later and revoked. Yes, that costs money and is inefficient sometimes.
- monocasa 3y agoIf only that's how the patent system actually worked.
- loeg 3y agoYour original comment that monocasa responded to read only: > If the claims are non-novel or obvious, then the examiners, who are familiar with the state of the art in the field, will reject them. Which displays a stunning level of naivety and lack of familiarity with our patent system. Patents are regularly granted for extremely trivial (edit: and obvious) mechanisms.
- deleted 3y ago[deleted]
- freejazz 3y agoThat's because triviality isn't an issue in patents, non-obviousness and inventiveness is what's key, so it doesn't matter that the thing accomplished is trivial.