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there usually has to be some "teaching, suggestion, or motivation" in the literature that it would be a good idea to combine A and B There's the rub. Because
by jasonkester 5y ago
there usually has to be some "teaching, suggestion, or motivation" in the literature that it would be a good idea to combine A and B
There's the rub. Because patents get issued for things that are so obvious that you would never bother mentioning them in "the literature".
Take dragging a map with the mouse as an example. First, if you're doing online mapping, the first thing you think of is to just grab the map and drag it wit the mouse, so you implement that. (Even though some clown has a patent for the act of doing so).
But assuming you've gotten away with that somehow, now imagine the first day of implementing it, when you "drop" the map while your mouse is still moving. It'll stop in a jarring way and your first thought will be "That's ugly. What if it kept going with momentum and coasted to a stop." And that would get you sued out of existence.
Now, the patent system seems to suggest that the appropriate way to handle this would be to search the patent database for "dragging a map with a mouse", find the patent for "momentum", license that from whoever has it, read it and learn how to implement it, thus benefitting from some novel invention, saving yourself time and effort, and reimbursing the inventor for his effort.
But in actuality, you spend the time it takes to draw a breath thinking about the problem, then code it up in the next few minutes and carry on with your day. Because there are very few things in programming where describing the problem doesn't also describe how to solve it.
I've never seen an example of a software patent that covers an actual non-obvious "invention".
- michaelt 5y ago> First, if you're doing online mapping, the first thing you think of is to just grab the map and drag it wit the mouse When online mapping was first around the javascript slippy map hadn't been invented. The page would show you a given map tile, and provide left/right/up/down/zoom buttons that would load a tile one step in the direction you chose. Sometimes with a complete pageload for every step. For example: https://web.archive.org/web/20040805053745/http://getamap.ordnancesurvey.co.uk/frames.htm https://web.archive.org/web/20040805053745/http://getamap.or...
- aardvark179 5y agoWhile that may be true there were definitely various slippy maps in GIS and CAD applications. There were also other interesting navigation schemes that relied on multi button mice or tablets. I still like the model where you hold down a button and the navigation speed and direction is controlled by the distance and angle from that click point to the mouse cursor.
- MisterTea 5y agoThis is a good point because I remember using mapquest before google maps existed. I did want real time map movement but how that mechanism was to be implemented is the key point. The inertial grab and drag seems obvious today but before that, I envisioned it working like an RTS game such as warcraft2. You'd move the mouse cursor to the edge of the map box/screen and the map would then scroll.
- matthewdgreen 5y agoYes seriously. Does nobody remember MapQuest? Even that was revolutionary compared to what came before, but had no ability to move the map dynamically, and this was the state of the art until Google Maps launched. I remember sitting in an office with two other students and my graduate advisor the first time we used Google Maps, and our mouths were literally agape. My advisor said “the people who can make this work are going to run the world,” which was sort of accurate. Same feeling the first time I used a good capacitive-touch display with snapback and inertial scrolling: ideas that may seem obvious when you’ve used them for a lifetime, but sure aren’t obvious beforehand.
- defaultname 5y ago"Does nobody remember MapQuest?" Technical and business limitations drove the design of MapQuest. That client computers had little computing power, bandwidth (on both sides of the pipe) was limited and expensive, and processing power on the server for a very low value user (per interaction) had to be meted. No one who used MapQuest didn't wish they could just smoothly scroll the map, but we were fine given many of us were on a terrible connection, ran on systems with limited graphics power (where even smoothly blitting a high resolution raster graphic was taxing), etc. Every improvement (more computing power, memory, storage, bandwidth, or even business model, etc) in the industry invariably leads to many people all independently seeing the same obvious next step, many groups building the same eventual thing, and then the losers (from a market perspective) claiming that their ideas were stolen. It is the story of this industry.
- matthewdgreen 5y agoWell of course technical and business limitations drove the design: that's what made it impressive. Building a client-side scrolling map would have been relatively easy in the 90s. Google's advance was getting there efficiently on a 2005-era web browser.
- jasonkester 5y agoI mentioned it because I was doing online mapping in 1999, when things were as you describe. In my spare time, I built the obvious thing that occurred to everybody, and came up with a draggable map with momentum. (In the browser, just like gmaps) Google maps was still years away. And tile server tech wasn’t quite there to ship it yet. But it was the obvious thing to build, and not in any way a mystery as to how you’d do it.
- jackcviers3 5y agoIt's not obvious. It's just smart. And decades of momentum based apis have caused you to think of something you'd probably never actually seen in a ui at the time as non-novel. Inventions are often that way -- think of the mousetrap. People knew springs pinched the crap out of you when released. But nobody had made a device to kill mice, yet untilthat was invented. I don't know what the cognitive bias for thinking that because you thought of an idea it must be obvious is, but it exists. I say that as a patent inventor.
- helij 5y agoIt is obvious because that is how you move a big physical map. You pull it towards or away from yourself to view specific area, just like with a mouse. That's how it was done since first maps. It's just obvious to move a big piece of paper on the table that way.
- jackcviers3 5y agoIt's not that - it's the inertial glide to a stop that makes it feel like a big piece of paper that was innovative at the time. See my other comment.
- buran77 5y agoThe "what" is obvious, it's similar to the way you'd use a real map (and not only): by folding or rolling it and sliding the region or tile you want to see with your hands until it comes into your view. So the concept of sliding something into view is obvious. On a computer you have to use the input methods available, keyboard or mouse to achieve the same with relatively few obvious options. The technical "how" of the implementation is not really obvious, you could implement the same result in many possible ways, some better than others.
- shultays 5y agois that because "grab to move stuff" was something so innovative or because browsers/PCs/javascripts was just not good enough? I think "grab to move" is as old as our opposable thumbs. There is nothing innovative about it
- quietbritishjim 5y agoThat doesn't change the fact that the concept was obvious. In fact that's how offline desktop mapping programs worked before online mapping of any time existed. (Remember those? Microsoft AutoRoute for example!) Perhaps you could interpret the parent comment as "if you're doing online mapping [and mouse drag/drop is possible in the browser], the first thing you think of ..."
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- dirtyid 5y agoGrab to move viewports with middle clicks has been around in CAD / vector drawing software long before that. I'm not sure about geospatial software which had less market. I'm pretty sure there was grab to move in various level editors when game modding was huge. Those are all ostensibly "mapping" softwares that made the notion obvious.
- simonh 5y agoI think a good example might be PageRank. There were loads of engineers and researchers at multiple companies working day and night on search engine technology at the time, and it wasn't obvious to any of them. Basically it seems to have occurred to two people in 1996, Sergey Brin and Robin Li (who went on to found Baidu).
- clusterfish 5y agoAlthough PageRank isn't obvious, it was inevitable. Without taking away from its usefulness, it's the kind of thing that would have been invented very soon anyway. It was basically invented as soon as the internet had enough information to make such approach superior. Such innovation does not need the protection of the patent system any more than the obvious inventions do, it happens on its own.
- simonh 5y agoI think I agree, the PageRank parent and software patents in general are not genuinely in the public interest. I just think it’s one of the strongest examples that might pass any patentability test. That doesn’t mean the patent is a good thing.
- intrasight 5y agoI do like the "inevitable" test. It ties in with my belief that there are many "inventions" that are universal amongst sentient beings.
- lincolnq 5y agoOff topic, but I am very interested in the topic of what other inventions are universal (I've thought about this myself a bit). Do you have a list or writeup?
- DaiPlusPlus 5y agoMathematics
- jacobolus 5y agoThis software patent was for a pretty non-obvious invention, https://en.wikipedia.org/wiki/Scale-invariant_feature_transform https://en.wikipedia.org/wiki/Scale-invariant_feature_transf...
- psyc 5y agoPerlin noise comes to mind. I’ve implemented noise “off the cuff” using general math knowledge, which appears visually quite similar. But Perlin’s algorithm doesn’t seem to me to bear any resemblance to the one I settled on. And at least for me, it’s non-obvious and takes quite a bit more study to understand.