4 ms·
While I wholeheartedly agree that the current system is awful and needs improvement, and I do think this would be an improvement, I also think one of the proble
by click170 14y ago
While I wholeheartedly agree that the current system is awful and needs improvement, and I do think this would be an improvement, I also think one of the problems with having a trial by qualified juries as you suggested is hindsight bias.
The problem is, merely presenting the patent and asking "Is this obvious" will lead to many affirmatives due to hindsight bias.
It could be done differently though. Before presenting the jury with the patent itself, ask them to imagine ways of solving the problem. If many come up with the same answer, then it's very likely the obvious solution.