• Re: Brilliance

    From Thomas Koenig@21:1/5 to Terje Mathisen on Sat Nov 16 22:28:12 2024
    Terje Mathisen <terje.mathisen@tmsw.no> schrieb:

    Yeah, I have absolutely no issue with ideas that are only obvious in hindsight, they deserve praise. My real problem are those things that
    are new, but only because of the environment, as in the idea would be
    obvious to anyone "versed in the field".

    "skilled in the art" (which has a nice ring to it) is the technical term
    in English (see
    https://www.epo.org/en/legal/guidelines-epc/2024/g_vii_3.html ).

    But presence or lack of an inventive step can be quite difficult.
    Examiners have argued that "This solution is so simple, somebody
    must have come across it before"...

    In one particular case, a colleague and myself were cooperating
    closely on a related group of inventions. It was quite amusing
    that one particular point was quite obvious to him, which I found
    out when I told him about my "new" finding. Even more amusing
    was that the same thing happened vice versa - something that was
    completely obvious to me wasn't obvious to him at all, and needed
    an explanation.

    I.e US vs Norwegian (European?) patent law.

    I think the US has now gotten closer in patent law to what the
    rest of the world is doing.

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  • From Terje Mathisen@21:1/5 to Anton Ertl on Thu Nov 14 10:36:11 2024
    Anton Ertl wrote:
    Terje Mathisen <terje.mathisen@tmsw.no> writes:
    To me brilliant is something that still isn't obvious after larning
    about it.

    Why do you think it's less brilliant to recognize something obvious
    that everybody else has overlooked?

    I did not convey my intended meaning here, what I meant is that there
    are levels of brilliance, even when being the first to recognize something.

    Yeah, I have absolutely no issue with ideas that are only obvious in
    hindsight, they deserve praise. My real problem are those things that
    are new, but only because of the environment, as in the idea would be
    obvious to anyone "versed in the field".

    I.e US vs Norwegian (European?) patent law.

    Terje

    --
    - <Terje.Mathisen at tmsw.no>
    "almost all programming can be viewed as an exercise in caching"

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