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Patents are also supposed to be non-trivial. Something that someone else of "ordinary" skill level wouldn't have come up with by himself.

Which brings us to argue subjectivity. Is this example trivial or not? There's no scientific way to point that, each one of us will have different opinion. I personally think this patent is ridiculously trivial, but a judge might disagree, and it's their argument from authority that matters.

The best argument against software patents, imho, is that it's too impractical to clearly define what is and isn't trivial in software without causing more harm than good.



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