Intellectual Property Law

Posner on the obviousness of a generally lubricous glass-based material containing an appreciable amount of an oxide of boron.

By Ann Bartow

Check out “Judge Posner at the Federal Circuit: Patent on Sex Aid is Obvious” at Patently-O if you want to read about Posner’s take on the patentability of adapting easy-slide thermometer materials for use on sex toys. Here’s the abstract of what was formerly an enforceable patent:

A sexual aid comprising a cylindrical rod is disclosed. The rod has a length with a first end and a second end. A sphere is integrally formed in the first end of the rod. A loop-shaped handle or a second sphere may be provided on the second end of the rod. The rod, sphere or spheres and/or handle are fabricated of a generally lubricous glass-based material containing an appreciable amount of an oxide of boron. A plurality of spheres may be provided on the rod intermediate the first and second ends.

Insert pervy Graham factors joke (e.g. long felt but unmet need) here. Or just amuse yourself by contemplating who the PHOSITA is.

Cross-posted here.

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Full post as published by Madisonian.net on April 27, 2009 (boomark / email).