There are pretty well established guidelines for determining the "obviousness" of a patent, and one of these (as you mention) is determining whether the patent would be obvious to one with an ordinary level of skill in the relevant art.
The average software developer can't code fizzbuzz. Therefore anything more sophisticated than fizzbuzz is potentially patentable.
Think about that. Really let it sink in.
I have come to believe that the problem isn't with software patents, the problem is with us. Most software developers really are that bad. It is easy to forget this, but the people who hang out on Hacker News are really a slim minority.
We need to get our own house in order and demand more of the people who practice this art. Other industries have professional certification or restrictive guild systems - maybe we need to adopt the same.
There are pretty well established guidelines for determining the "obviousness" of a patent, and one of these (as you mention) is determining whether the patent would be obvious to one with an ordinary level of skill in the relevant art.
The average software developer can't code fizzbuzz. Therefore anything more sophisticated than fizzbuzz is potentially patentable.
Think about that. Really let it sink in.
I have come to believe that the problem isn't with software patents, the problem is with us. Most software developers really are that bad. It is easy to forget this, but the people who hang out on Hacker News are really a slim minority.
We need to get our own house in order and demand more of the people who practice this art. Other industries have professional certification or restrictive guild systems - maybe we need to adopt the same.