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But if that were the case, the patent would almost certainly be invalid; the claimed invention must be inventive, i.e. having come up with something that is not
by axman6 13y ago
But if that were the case, the patent would almost certainly be invalid; the claimed invention must be inventive, i.e. having come up with something that is not obvious. What is described is coming up with the obvious solution to a problem, not coming up with an inventive solution to the problem. It's also annoying when people use soundbites from famous people as proof; they sound good and make sense on the surface but usually don't hold up to scrutiny (and I say this as someone who has a lot of time for John Carmack's advice and insights).
An example might be the invention of bloom filters[1]. I would argue that if you were looking for a way to check for membership in a set in the time before the bloom filter's invention, it would not have been obvious to devise a structure which can give false positives but no false negatives through the use of multiple hashing functions and a bit array. It is of course obvious to us now, knowing the answer, but at the time it would not have been. this is what the patent system is about; encouraging people to invest time, effort and money into inventive solutions to problems by giving them a way to protect their investment for a limited period of time. Somehow this all becomes evil when a large company is doing it, but you'll all be outraged when a startup comes up with something inventive and have their ideas "stolen" by big companies when they didn't seek to protect themselves.
[1] I'm not saying this is a shining example of a patented technology; I have no idea whether it has ever been patented or not. However it is a good example of an inventive solution and one which most people would not regard as obvious and be able to come up with through routine trial and error.
- shenberg 13y agoCarmack was talking from experience: http://en.wikipedia.org/wiki/Shadow_volume#Depth_fail http://en.wikipedia.org/wiki/Shadow_volume#Depth_fail
- VikingCoder 13y ago> But if that were the case, the patent would almost certainly be invalid; the claimed invention must be inventive, i.e. having come up with something that is not obvious. You just proved that you don't know how patents work. I'm sorry, but that's the naked truth. Clean-room implementations are no protection from patents.