Patent Act of 2005

[Bruce Perens]

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
http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2128.htm#sect2128
Prior art that invalidates a patent claim can come from many different
sources.

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.

    Thanks

    Bruce