Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Internet Law

University of Michigan Law School

Michigan Telecommunications & Technology Law Review

2001

History

Articles 1 - 1 of 1

Full-Text Articles in Law

E-Obviousness, Glynn S. Lunney Jr. Jan 2001

E-Obviousness, Glynn S. Lunney Jr.

Michigan Telecommunications & Technology Law Review

As patents expand into e-commerce and methods of doing business more generally, both the uncertainty and the risk of unjustified market power that the present approach generates suggest a need to rethink our approach to nonobviousness. If courts fail to enforce the nonobviousness requirement and allow an individual to obtain a patent for simply implementing existing methods of doing business through a computer, even where only trivial technical difficulties are presented, entire e-markets might be handed over to patent holders with no concomitant public benefit. If courts attempt to enforce the nonobviousness requirement, but leave undefined the extent of the …