Earlier this week the Supreme Court gave new life to the "obviousness test" in U.S. Patent law. In a unanimous decision, the Court ruled the US Court of Appeals for the Federal Circuit, which handles patent appeals, had not been "a stringent-enough standard to determine whether a patent was infringing."
In a case know as KSR v. Teleflex, the Court ruled that the patent for an adjustable automobile pedal design didn't pass the "obviousness test" -- it was an obvious thing to do combining existing products/concepts. According to some experts, KSR could overturn millions of patents. More importantly, I think it will result in the Patent Office and the courts applying a more stringent "obviousness test" to grants of future patents (and that certainly would be helpful in the IT field).
Professor Gregory Mandel of Albany Law School has a different opinion. He doesn't think the KSR decision is that significant because it doesn't clarify what an "obviousness test" is.
Nevertheless, IP Attorneys, get ready... a million is a lot of patents.
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