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One well documented problem here is 'hindsight effect.' After something has been invented and has been used for even a short while it becomes 'obvious.' This effect is so powerful that it is in fact difficult for attorneys representing patent holders where patents are being challenged for being 'obvious' to defend the case because juries now find what was non-obvious at the time to now be obvious. Studies show that this is not only potent but pervasive - being smart and well educated does not mean one can rewind time any better than the next person. It is hard to recapture that innocent state before the innovation.



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