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Expert Analysis

A Solution To The Software Obviousness Problem

Law360, New York (April 10, 2014, 10:44 PM EDT) -- There is a wide gap between software engineers and the legal community in attitudes toward software patents. Engineers tend to feel that the vast majority of patents are obvious and do not represent real inventions (see, e.g. [3]), while the legal community often sees no difference between software and other patentable subject matter. In order to bridge that gap, we need to understand it as more than simply a choice of being pro-patent or anti-patent. There are legitimate concerns in the software community that the patent system comprehends development practices in the traditional sciences better than it does in the software arts, particularly where obviousness is concerned....

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