ECN (6/8/2015), Charles W.K. Gritton, Hillcrest Labs
The Wizard didn’t want Dorothy and her gang to notice him behind the curtain. Similarly, in the patent world, when deciding obviousness, it is well established that one should not use the invention itself as an evidentiary roadmap. The term for this error is hindsight reconstruction or hindsight bias … So everyone agrees that hindsight bias is bad. But the secret that everyone knows, but no one wants to admit, is that hindsight reconstruction happens all the time.