Patently-O has a good post on the dangers of hindsight bias, and a link to a discussion in 271.

The issue is, of course, at the heart of the KSR case, which will be argued in the Supreme Court on Nov. 28. In our amicus brief, Solveig and I agreed that hindsight bias is a serious issue; our argument is that the cure should be sought through adminstrative means, such as boards of review, rather than by distorting the meaning of "non-obviousness." These recent discussions rather reinforce this opinion.

posted by James DeLong @ 8:54 AM | Patents

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