A Radical Alternative Patent Reform Proposal: Eliminating The Non-Obvious Requirement

Congress is debating patent reform once again, with the House Judiciary committee hearing testimony from USPTO Commissioner David Kappos and other witnesses today about first-to-file and prior user rights.  The most significant problem, as has been repeated time and again, is the backlog of 1.2 million applications currently pending, and 700,000 applications that have yet to be looked at.  Of course, if the reform boosters are trying to convince us that the current bill will make direct headway on the backlog, their arguments in support of first-to-file are self-defeating.