The “obviousness test,” the “suggestion test,” and the danger patents hold for open-source.

The suggestion test has contributed to a “massive surge” in the number of patents granted, EFF (Electronic Freedom Foundation) lawyers wrote in the brief, made public Wednesday. The suggestion standard especially threatens free and open-source software (FOSS) projects, because they are created in the open, making it easier for others to steal the ideas and file patent claims, said Jason Schultz, an EFF staff attorney.

Read the article from Computer World, learn more about FOSS from ZDNet’s Dana Blankenhorn, and more about the “obviousness test” from Ars Technica.

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Filed under Digital Commons, Fair Use, Open Source, Regulation

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