Inventive Step

"It is very difficult to prove that even the most trivial new idea does not contain an inventive step."Hartmut Pilch

The quote demonstrates a key problem which is the inability to falsify the existence of an "inventive step" in patent examination. The problem is of dogmatic nature. While software patents are trivial patent dogmatics does not help to sort out trivial patents. It is also not the intended purpose of the inventive step test to match a public perception nor should it be.