Patent Act of 2005
bruce at perens.com
Tue Apr 26 17:43:45 UTC 2005
John Cowan wrote:
>No, I'm not. Can you give or point to an explanation of the distinction?
There's some interesting material on prior art in the MPEP at
Prior art that invalidates a patent claim can come from many different
Currently, the test that an invention is "trivial", in other words it
would be obvious to a practioner of the art, is that there has not
previously been a patent filed upon it. An invention could conceivably
be invalidated as trivial without the existence of prior art, but the
present test for triviality wouldn't work that way.
More information about the License-discuss