Comment Similar filings should trigger obviousness failure (Score 4, Informative) 211
First to invent vs. file conflicts could be used to raise the bar on obviousness.
Obviousness is surprisingly difficult to determine because some of the best and most brilliant ideas are also very simple ideas that seem obvious only in retrospect. So the patent office is deliberately reluctant to interpret the obviousness constraint too rigorously.
Recently, the US has switched from awarding priority of similar patents to the first one to be filed instead of the first to be invented. Since there is often a very long delay from filing to patent award, during which filers must not publicly disclose their idea, priority becomes an issue more frequently than one might expect.
It seems obvious to me that instead of struggling with who has priority, the patent office should simply look at two similar patents being filed at about the same time as a failure of the obviousness test because, clearly, two different practitioners of the art came up with similar solutions to a problem. So both patents and any similar future filings should be rejected as obvious.
This doctrine would have disallowed a lot of patents in the past including the light bulb and telephone, which, while revolutionary were being investigated by several inventors who came up with similar solutions and even filed within hours of each other!