> Right, but what I'm saying is, that is not a good measure of the value of an invention,
The problem is that you're merely asserting that, rather than arguing it and going back to point out the legal standard of obviousness and it's control against hindsight bias, which I have already acknowledged. Patent publication was supposed to expand the prior art. If the invention is so trivial it can be figured out by knowing what it does (and not by what mechanism), then merely using/selling it is enough to inform society and I don't see why it's useful to society to grant protection to that nonsense. It's very useful to patent holders and patent lawyers mind, but it has been made very clear of late that their interests are adverse to the rest of ours and the whole thing is in need of fundamental rebalancing, rather than minor tweaks.
The thing is, I simply don't care about the legal standard of obviousness. I understand how it works and disagree that the outcomes it produces are useful to society. So I'm advocating a new standard of triviality. No, I doubt that patent lawyers would like that, as it overturns quite a lot of apple carts.
The problem is that you're merely asserting that, rather than arguing it and going back to point out the legal standard of obviousness and it's control against hindsight bias, which I have already acknowledged. Patent publication was supposed to expand the prior art. If the invention is so trivial it can be figured out by knowing what it does (and not by what mechanism), then merely using/selling it is enough to inform society and I don't see why it's useful to society to grant protection to that nonsense. It's very useful to patent holders and patent lawyers mind, but it has been made very clear of late that their interests are adverse to the rest of ours and the whole thing is in need of fundamental rebalancing, rather than minor tweaks.
The thing is, I simply don't care about the legal standard of obviousness. I understand how it works and disagree that the outcomes it produces are useful to society. So I'm advocating a new standard of triviality. No, I doubt that patent lawyers would like that, as it overturns quite a lot of apple carts.