IssueRaiser

Sorry to bother you with the late reply.

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 I haven't done the research, but I imagine the flash-of-genius standard was repealed because it is impossible to objectively quantify.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.

Posted by pnw_hazor on Oct 9, 2019, 7:58 PM

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hackernews (Other)

Sorry to bother you with the late reply.

pnw_hazorOct 9, 2019, 7:58 PM

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 I haven't done the research, but I imagine the flash-of-genius standard was repealed because it is impossible to objectively quantify.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.

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