npub1kk5synd8ht0sn7eagg9gudz2cxtvcr06pt8v72qxd4u78pa5jtqszee0ds (npub1kk5…e0ds) Good question.
At a high level:
Novelty = new
Nonobvious = new enough
The maxim they are citing here says that there should be symmetry between infringement (scope) and anticipation (novelty). In other words, if something looks similar enough to infringe, it's also similar enough to anticipate.
Obviousness is different. The whole idea of obviousness is that there are some prior designs that aren't close enough to anticipate but should still invalidate.
Sarah Burstein /
npub1nm…38zqg
2023-09-03 19:31:24
in reply to nevent1q…eyv9
Author Public Key
npub1nmhaqnfj4dw63hsj67uryq2h36sftfnk4ne6dyhvrv9jq2hyu9hsl38zqgPublished at
2023-09-03 19:31:24Event JSON
{
"id": "7c95ac1722e7395020301db3f9646ec7182bd218ab2068ffb06aba297e65939f",
"pubkey": "9eefd04d32ab5da8de12d7b83201578ea095a676acf3a692ec1b0b202ae4e16f",
"created_at": 1693769484,
"kind": 1,
"tags": [
[
"p",
"b5a9024da7badf09fb3d420a8e344ac196cc0dfa0acecf28066d79e387b492c1",
"wss://relay.mostr.pub"
],
[
"p",
"7368c4a62d801f34c48dc9e899d511067bd43b9dc19ca52a51a2740d0f5f62d7",
"wss://relay.mostr.pub"
],
[
"e",
"ac4ad98c01d424354538c6cb6f1f6c77a0aa5578e98979b6b5ca26c668fb9db5",
"wss://relay.mostr.pub",
"reply"
],
[
"proxy",
"https://mastodon.social/users/design_law/statuses/111002876951696480",
"activitypub"
]
],
"content": "nostr:npub1kk5synd8ht0sn7eagg9gudz2cxtvcr06pt8v72qxd4u78pa5jtqszee0ds Good question. \n\nAt a high level:\nNovelty = new\nNonobvious = new enough\n\nThe maxim they are citing here says that there should be symmetry between infringement (scope) and anticipation (novelty). In other words, if something looks similar enough to infringe, it's also similar enough to anticipate.\n\nObviousness is different. The whole idea of obviousness is that there are some prior designs that aren't close enough to anticipate but should still invalidate.",
"sig": "f8ab3baaccfb2418afa8c488a7f395615c8d7d36f58cb1047b0217032ee2044478c54ed911fc776d9eee62084c8aa60a4837eaf6e029de84674ebee1b162ebf2"
}