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cross-posted from: https://lemm.ee/post/5636484
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this post was submitted on 28 Aug 2023
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Patents protect the details of achieving an invention, not the idea for an invention itself (thereby allowing multiple different approaches to serving a market). Most courts are likely to rule that an electronic tablet is a market segment, rather than an invention. But listing out all the electronics and software needed to build one and or the industrial processes and machinery to build one at scale might be granted a patent. Fiction virtually never produces any such detail.
Inventions need to be non-obvious (35 U.S.C. 103: Conditions for patentability; non-obvious subject matter) in order to be patentable. Prior art can be used to show that an invention is obvious. The prior art doesn't need to rise to the level of detail contained in a patent to be prior art.