Russ Krajec

Whether a patent is “obvious” is a legal definition, based on the state of the art at the time of the invention.

Remember back when the net was young and e-commerce was in its infancy. Buying something on line was a tedious task, where page after page of questions needed to be answered perfectly before a sale could be finalized. There were repeated concerns about sending credit card numbers over the internet that sent doubts in the minds of buyers, and the complexities at that time were a big impediment to e-commerce in general.

When developing a patent strategy for an emerging technology, I look at three specific layers of coverage from both the technology and business aspects of a client. The first layer is the “nuts and bolts” layer, describing the basic underpinnings of the new technology. The second layer is the “tool” layer, covering the tools required to use the technology, and the third layer is the “application” layer, detailing new uses and application of the technology.