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In the modern patent business, the "odds" favor the first party to encounter a particular problem in their field of art. If you're lucky enough to encounter a problem first, you can patent the first obvious solution(s) that come to mind, and effectively own the field later.

This is why nonobviousness was supposed to be a criterion for granting patents, and why we're all worse off now that the USPTO has effectively abandoned it.



If the "non-obvious" battery implementation is better, you can build and patent it no matter what me and raganwald come up with at the pub.


But if it relies on your patent as prior art, I still have to cough up the baksheesh.




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