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Comment by j-bos

24 days ago

Law says must be NON obvious

The patent office applies a much lower "non-obviousness" threshold than how a technical person would interpret that word.

  • It’s old memories from the engineering school in Europe but I remember that a patent office is about collecting fees and documents, and won’t do any actual checks on the patents validities.

    Whether a patent is valid is tested in court.

    • Some countries don't examine patents for validity, some don't search prior art but leave it to the applicant. But plenty of countries do check for validity - including USA.

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