> Sometimes the interesting part of an invention isn't the process used (the content of the patent) but simply the problem it's trying to solve. The solution may be obvious, but realizing the fact that the problem existed in the first place is an insight in and of itself.
Such a realization may be an insight, and the result may in some cases be a useful contribution to society, but I believe the pertinent question is rather to characterize whether granting such patents is likely to advance or hinder the art (or whether it's likely to improve or worsen society).
In the case of the patent discussed in the article, it appears that the idea was independently conceived of, put into use, and publicized, without the motivation or other help of patents. The only argument I can think of that patents might have helped advance the art in this case would be to argue that Red Bend Software employees were funded in part by the hope that they would be granted this patent, and that they would not have been funded if the threshold for granting patents were such that patents were not granted for obvious solutions to non-obvious problems, and thus that the idea would have been delayed by a couple of years in its application. I don't find this argument very convincing. Perhaps someone more knowledgable can offer testament or evidence of this, or perhaps someone else can provide a better argument (though likely this isn't a good forum to seek one).
Similarly, in the case of the previous patent where I heard this argument made (viz. Amazon's one-click patent), my impression as an ignorant outsider is that Amazon would have conceived of, implemented and popularized the idea whether or not it was patentable.
(Two obvious arguments that granting such patents hinders the industry are that doing so incurs significant legal costs, and often hinders rather than promotes application of the idea.)
granting of patents for obvious solutions to non-obvious problems
Posted Nov 5, 2009 19:02 UTC (Thu) by dark (✭ supporter ✭, #8483)
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The original argument for the patent system is that it promotes publication. Solutions are made public rather than kept as trade secrets. Obviously, obvious solutions to non-obvious problems don't need this mechanism at all, since it will not be possible to keep the solution secret once the problem is known.
It's borderline-obvious
Posted Nov 12, 2009 10:34 UTC (Thu) by edmundo (guest, #616)
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I would expect at least some interview candidates to come up with this solution to the problem.
The general principle of "transform your data into a different form which standard compression algorithms can handle better" is very well known. For example, if you want to compress text that contains a lot capitalisation you might want to first transform it like this:
some lower case AND SOME UPPER CASE lower again
->
some lower case <cap>and some upper case</cap> lower again
Then apply some standard compression algorithm, which can now spot the repeated words "some" and "case". I don't know whether this transformation works in practice, but it's an obvious thing to try, and I would claim that the Courgette transformation is only slightly less obvious.