All of this can really be traced all the way back to the flash of creative genius test by the Supreme Court, which Congress specifically outlawed in the 1952 Patent Act. It is no doubt making a resurgence under slightly different terminology, but make no mistake --- Judges are making subjective decisions about innovations in a way that is remarkable similar to how the flash of creative genius test was applied. But today the problem is not only all of the aforementioned, misguided beliefs, but rather we have a general problem with ignorance. It is self evident to anyone who cares to be honest and objective that it takes time and money to innovate; innovation does not simply fall out of the sky or invent itself.
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