The glut of seemingly obvious patents granted in the US in recent years could be invalidated by a Supreme Court decision last week.

In a ruling that shocked patent lawyers, the court said that a patent application should not be granted if it is "the product not of innovation but of ordinary skill and common sense".

Although the decision merely reaffirms code 103 of the US Patent Act, which outlaws patents on obvious inventions, the Supreme Court says lower courts have let this principle drift. In 1999 Amazon was infamously granted a patent on a system to "buy online with one mouse click".

The ruling was seized upon by internet phone firm Vonage, which was recently found to have infringed rival Verizon's patents. While denying Vonage a retrial, a federal court said it could use the ruling in its upcoming appeal.

From issue 2603 of New Scientist magazine, 11 May 2007, page 27

http://www.newscientisttech.com/article/mg19426035.700-us-to-outlaw-common-sense-patent-applications.html