To you obviously anything new is an invention.
Not at all, I discriminate, just like the examiners do. It's just that you seem to set yourself up ans an expert on what is and isn't an invention over me and the patent examiners. Well, that kind of self aggrandisement is your right, but I don't happen to agree with it.
You totally ignore the demand for inventive height.
It's not a concept I even acknowledge
A configuration of a lens has no inventive height in itself.
Well, I couldn't say since 'inventive height' is an absurd concept. Certainly a configuration can be
original , they don't just occur. Very many inventions are about configurations, and if you say that they don't count you rule out almost every mechanical invention (and by some arguments, chemical ones too)
The Tessar had inventive height. It was revolutionary. This could be proven.
How? How do you propose to discriminate between the Tessar, which you think is revolutionary, and this new lens design which you think shouldn't be patented. You say is could be proven, well I'm calling your bluff, prove it by producing a simple test which would discriminate between the Tessar and this other lens.
The motivation for patents is that someone that have put forth a substantial work and/or have made a clever invention shall be able to profit from that invention undisturbed by copy cats.
Exactly. But presumably someone who makes a simple evolution of the Cooke triplet by just changing the rear element to a cemented doublet shouldn't be allowed to profit form such an obvious and inventively low 'invention' which is actually just a 'configuration'.
But lens configurations that are the result of a commercially available computer program has not necessarily any height.
I think you know very little about computer programs. Programs such as Zemax do not
design lenses, they simulate them.
So - for a configuration to be patentable there has to be some kind of motivation why its an invention and not only the result of running a program.
As I say, you do not know what you are talking about.
And one reason for this is of course - that if two companies buys the same optical design program they may get the same lens design easily. Why should then anyone of them be able to patent it?
So - if a company makes a lens and wants it protected it should be required to show why its an invention. Not just write down a configuration. Why is this particular configuration an invention.
It is an invention because it is a new configuration of elements that has not been used before, just like the Tessar. The fact that nowadays lens designers can run simulations on digital computers and test their designs much faster than was possible when the Tessar was designed is immaterial, or are you now suggesting that any invention for which the process of development used computer simulation should be invalid?
Frankly, I think you know very little about the things you talk about, either the patent system or optical design, and from your misapprension about the function of programs such as Zemax, not a great deal about computer programs and what they can and can't do, either.
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Bob