Patently Non-Obvious: Empirical Demonstration that the Hindsight Bias Renders Patent Decisions Irrational
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چکیده
منابع مشابه
Patently Non-Obvious: Empirical Demonstration that the Hindsight Bias Renders Patent Decisions Irrational
This Article reports an experimental study that provides the first empirical demonstration of the hindsight bias in patent law. The results are dramatic along several fronts: (1) the hindsight bias distorts patent decisions far more than anticipated, and to a greater extent than other legal judgments; (2) jury instructions that explicitly identify and warn against the hindsight bias do not amel...
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Searching for new ways to use existing ideas is an important aspect of innovation and can involve a great deal of ex ante uncertainty. The paradox is that the outcomes of this search often seem obvious when viewed in hindsight. I examine the degree to which hindsight bias affects the evaluation of obviousness in the patent examination process. If examiners are relying only on ex ante knowledge ...
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For the first time in thirty years, the Supreme Court will consider the core patent requirement that an invention be non-obvious. At the heart of the case lies the challenge of how to insulate non-obvious decisions from the distortion of the hindsight bias. This Article reports the latest empirical studies in a line of hindsight research, which present experimental data bearing directly on the ...
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It is crucial to minimize bias when offering forensic opinions; however, to our knowledge there are few, if any, existing data examining whether psychiatrists are susceptible to one source of such bias, hindsight bias. In the current study, 235 general and forensic psychiatrists reviewed hypothetical cases in which patients with suicidal or homicidal ideation presented for psychiatric care. We ...
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The importance of Berkson’s bias (a systematic bias in the distribution of disease amongst hospitalized patients) in certain types of hospital based research has not been substantiated with empirical data. This paper firstly reviews the theoretical origins of the bias and secondly attempts to provide supportive empirical evidence. The basis of the analysis has been data generated in household s...
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ژورنال
عنوان ژورنال: SSRN Electronic Journal
سال: 2005
ISSN: 1556-5068
DOI: 10.2139/ssrn.871684