Re:A patent lawsuit against GNOME
by pnw_hazor on Wednesday October 09, 2019 @03:58PM
(#21207297)
Sorry to bother you with the late reply.
For about 10 years the US had a judge made "flash of genius" standard that was part of determining patentibility. It was eliminated by the US Congress in 1952.
I haven't done the research, but I imagine the flash-of-genius standard was repealed because it is impossible to objectively quantify. Current non-obviousness analysis incorporates some things that might be evidence of a flash of genius without going there, such as, market success, unmet need, and so on. But usually non-obviousness is determined if one cannot find subject matter in printed publications that one of ordinary skill in the art could combine to make the claimed invention.
For about 10 years the US had a judge made "flash of genius" standard that was part of determining patentibility. It was eliminated by the US Congress in 1952.
I haven't done the research, but I imagine the flash-of-genius standard was repealed because it is impossible to objectively quantify. Current non-obviousness analysis incorporates some things that might be evidence of a flash of genius without going there, such as, market success, unmet need, and so on. But usually non-obviousness is determined if one cannot find subject matter in printed publications that one of ordinary skill in the art could combine to make the claimed invention.