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I don't see the problem with patenting trivialities (compared to many things) as they are easy to avoid/workaround. They still have to be novel but they don't
by josephlord 14y ago
I don't see the problem with patenting trivialities (compared to many things) as they are easy to avoid/workaround. They still have to be novel but they don't cause such a massive problem as broad patents, standard essential patents or defacto standard essential patents (e.g. Microsoft's FAT patents).
It is clear that at least at the time of grant that it wasn't the only obvious way to unlock a touchscreen - it wasn't used by MS/Palm/Ericsson. Prior art from others may apply but the fact that many weren't doing this indicates that it wasn't completely obvious.
- option_greek 14y agoThat's like arguing there is no problem with pot holes on road as long as they are easy to step over.
- josephlord 14y agoThere are many problems with patents but these sort of patents come about 10th on the list of problem areas if they are a problem area at all. I just can't get worked up at all about it. There are many better examples illustrating need for patent reform. The scope is highly limited and no one needs to practice them at all. There are still issues of accidental infringement and the high costs of defending actions particularly in the US. However you could just wait until challenged on issues of this type and then workaround removing the incentive to prosecute an action against SME's. To take your analagy it is more like the rough surface of a newly paved road than potholes.