But that's the problem, "common sense" IS applied to the problem. Thing is, "common sense" is just a bullshit phrase we like to apply out of laziness and lack of empathy for how hard it is to establish and maintain a solid foundation of knowledge in any field, let alone tech where "common sense" can change year to year. (although I'm sure it has a legal definition with lots of precedent in the two centuries before the internet)
The patent office is over worked and most patent examiners have no idea what "common sense" is in most tech fields, each of which requires a familiarity that few of us here on HN can claim, let alone a bureaucrat with terrible guidance from legislators. All it takes is a single small gap, like what a crypto currency is, or a misunderstanding of how currency exchanges operate, or even outright semantic manipulation by legal counsel, and the poor patent examiner has no choice but to approve the patent. This is why we have appeals and the legislature, the former to fix the failings of "common sense" and the latter to be bought to manipulate it.
Yes, they've found a bright line that's in a bad place and stick to it because it makes the patent bar a lot of money. I don't think it's the best place to be and I have thought quite a bit about a 'triviality' test where if you can tell someone skilled in the art what to make without telling them how and they could still make it, your "invention" is too trivial to be worth protecting.
But I'm certainly open to the notion that we're moving too fast for patents to be worthwhile in some fields...
The patent office is over worked and most patent examiners have no idea what "common sense" is in most tech fields, each of which requires a familiarity that few of us here on HN can claim, let alone a bureaucrat with terrible guidance from legislators. All it takes is a single small gap, like what a crypto currency is, or a misunderstanding of how currency exchanges operate, or even outright semantic manipulation by legal counsel, and the poor patent examiner has no choice but to approve the patent. This is why we have appeals and the legislature, the former to fix the failings of "common sense" and the latter to be bought to manipulate it.