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by bhousel 4916 days ago
The average programmer can't solve fizzbuzz.

Therefore anything more complicated than fizzbuzz passes the nonobviousness test and is patentable.

3 comments

The hypothetical "person having ordinary skill in the art" is presumed to have some actual skill, to be more skilled than a layperson, to have have some actual creativity, and to have an educational background similar to that of active workers in the field. People who merely call themselves programmers without having any significant skill do not count toward determining what the level of "ordinary skill" is.
Average programmer definitely could. Average applicant, maybe not.
Maybe I'm misunderstanding you, but I wasn't suggesting that the "Is a solution reproducible via logical steps?" rule to be a validating rule... It only invalidates patentability if found to be true. Otherwise, nothing.