Patent Act of 2005

Bruce Perens bruce at
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.



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