[quote author="NewYorkDave"]http://www.pat2pdf.org/patents/pat4166245.pdf Filed Nov. 14, 1977
http://www.pat2pdf.org/patents/pat4528501.pdf Filed May 14, 1982
Well, that was educational! I'd always believed the conventional wisdom about it being Dorrough's idea because I'd never heard otherwise. But there it is, in black 'n white.
The granting of patents for circuits well-described in prior art, incremental improvements thereon, or others which are simply "obvious to those versed in the art", is a topic that's come up many times around here. Some names to look for: Aspen Pittman, Randall Smith, John Cun!bert!. (Replace those exclamation points with "ayes." I've already locked horns with him on another forum and, peace-loving teddy bear that I am, I'm not raring for another pissing match. So I've masked his name because he seems to have a strange way of turning up whenever his name or that of his product are invoked).[/quote]
One thing I've always had difficulty with is the concept of "obviousness". I even saw a recent court decision on the subject that wasn't very illuminating. Many great ideas seem incredibly obvious after you see them. However technology that is published and already in the art should be far easier to identify. Unfortunately many patent examiners are inexperienced junior types, getting on the job training so they can move across the street and make the real bucks as patent lawyers. Many patent lawyers make a good living by obscuring comparison. Some argue a patent isn't real until tested in court. I have no desire for such testing which makes the filing cost look like chump change.
I had one inventor who had convinced the PTO to give him a patent on a balanced input phono preamp come after me because of a kit design I published back in the '80s. I bought a copy of his patent file wrapper (record of all file arguments and correspondence). It was remarkable to see the junior examiner wowed by the very basic concept of differential inputs he was apparently ignorant of and thought this guy invented.
I sent the inventor a copy of a (balanced) transformer coupled phono preamp schematic out of an old tube manual that predated his invention by decades. By law an inventor is supposed to notify the PTO if he learns of a defect in his patent but if the penalty for not doing so is losing a patent they would lose by delivering such notice, I don’t expect many will.
JR