What Is Obvious?
Our friendly neighborhood Supreme Court is having some fun discussing the current legal definition of “patent obviousness.” It sounds like there were some entertaining snippets in the conversation as the Supreme Court considers rewriting it. A change here would have a wide ranging impact which – in my mind – based on my previously stated view on software patents – would be a hugely positive thing. At the minimum, it’s provocative to think about the potential impact. The best line of the day – offered apparently with complete ironic intent – appears to be Chief Justice Roberts asking an attorney: “Who do you get to be an expert to tell us something’s not obvious? The least insightful person you can find?”