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Everything is Obvious

Abbott, Ryan (2018) Everything is Obvious UCLA Law Review, 66 (1).

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For more than 60 years, “obviousness” has set the bar for patentability. Under this standard, if a hypothetical person skilled in the art would find an invention obvious in light of existing relevant information, then the invention cannot be patented. The skilled person is defined as a non-innovative worker with a limited knowledge-base. The more creative and informed the skilled person, the more likely an invention will be considered obvious. The standard has evolved since its introduction, and it is now on the verge of an evolutionary leap. Inventive machines are increasingly being used in research, and once the use of such machines becomes standard, the person skilled in the art should be a person using an inventive machine, or just an inventive machine. Unlike the skilled person, the inventive machine is capable of innovation and considering the entire universe of prior art. As inventive machines continue to improve, this will increasingly raise the bar to patentability, eventually rendering innovative activities obvious. The end of obviousness means the end of patents, at least as they are now.

Item Type: Article
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
Date : 2018
Copyright Disclaimer : Copyright © 2018 Ryan Abbott.
Depositing User : Clive Harris
Date Deposited : 01 Mar 2018 15:17
Last Modified : 14 Mar 2018 13:12

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