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I'm kind of surprised there isn't more patent defense on the doctrine of teachability. That is, my defense is that your patent is written such that it doesn't t
by gbhn 14y ago
I'm kind of surprised there isn't more patent defense on the doctrine of teachability. That is, my defense is that your patent is written such that it doesn't teach me how to do what you did, therefore it is invalid, no matter what the content.
I think it would be great to see the courts adopt that standard. It's there in the law, and repairs the problem of the obviousness standard, which is to say that the patent troll just pays some expert to say "it isn't obvious to me!" and done. But teachability is a much more defense-friendly requirement: the jury typically won't be able to understand it, so if the defense brings a line of smart people who say "this is gibberish" that ought to be very compelling.
- gruseom 14y agoThat's such a great idea that I wonder what legal barriers there are against using it. There are a few patent lawyers on HN. Maybe one of them can explain.