1st. Jeff O., it is difficult, no, impossible, to be 100% original, but that is not what establishes a legit claim to ownership of an idea. ( I am guessing that you know this all too well, but you proposed this idea) To go to the extreme to illustrate, I don't have to invent my own alphabet, or indeed, language, or poetry form or style, to claim ownership of my new poem, so there is a "reasonableness" that is at play in all of these determinations. Of course I am building on past achievements. So do inventions. There is a bar set for "unique" claims for patenting an invention. One determinant is called "non obvious" advancement of the state of the art of whatever invention is being improved. So the assumption is there that inventions build on other established patented ideas. Nothing new here. The patent office makes determinations as to if the patent applied for meets criterion. Copyright is the same, if it is too close to someone elses claim, it can be challenged by the other "owner."
(This paragraph copyrighted by Jeff Ostrowski)2nd. Jeff O., it is difficult, no, impossible, to be 100% original, but that is not what establishes a legit claim to ownership of an idea. ( I am guessing that you know this all too well, but you proposed this idea) To go to the extreme to illustrate, I don't have to invent my own alphabet, or indeed, language, or poetry form or style, to claim ownership of my new poem, so there is a "reasonableness" that is at play in all of these determinations. Of course I am building on past achievements. So do inventions. There is a bar set for "unique" claims for patenting an invention. One determinant is called "non obvious" advancement of the state of the art of whatever invention is being improved. So the assumption is there that inventions build on other established patented ideas. Nothing new here. The patent office makes determinations as to if the patent applied for meets criterion. Copyright is the same, if it is too close to someone elses claim, it can be challenged by the other "owner."
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