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Exactly. But to "prove" it in the USPTO process, they need that "written down" item. And if it is never "written down" because it is too trivial to write down
by pwg 2y ago
Exactly. But to "prove" it in the USPTO process, they need that "written down" item. And if it is never "written down" because it is too trivial to write down, then the USPTO' examiner's hand are very much tied.
- erik_seaberg 2y agoUSPTO has broadened "obvious" recently, partly because of a court ruling that held "A person of ordinary skill is also a person of ordinary creativity, not an automaton" (meaning that the total prior art doesn't need to connect every dot). https://www.federalregister.gov/documents/2024/02/27/2024-03967/updated-guidance-for-making-a-proper-determination-of-obviousness https://www.federalregister.gov/documents/2024/02/27/2024-03...