Watson LLP - March 2020

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Inside

Defining Trademark Infringement 1

March Madness Tech to Make You a Predicting Genius Is Someone Sharing Your Subscription Information? 2 The Staggering Stats of 2019 US Patents 3 The Science Behind Gut Feelings 4

HEADS OR TAILS?

The Scientifically Smarter Way to Make Business Decisions

You have two options in front of you. They both sound great, are backed by research, and could transform your business for the better, but you can only choose one. Which do you commit to? When you’re faced with two equally worthwhile options, science says the best way to make a decision is to flip a coin. When you flip a coin, you’re not really leaving the decision up to chance; you’re actually calling on your intuition to guide you. The practice is often

a piece of chocolate. Neuroscientists believe the insula is responsible for self-awareness, particularly for recognizing changes in your body.

When you have to solve a problem, your basal ganglia start working on a solution, even if you aren’t consciously thinking about it. If you make a conscious decision that agrees with the subconscious solution of your basal ganglia, your brain gives off a subtle reward. The decision doesn’t have to be logical to feel right — that’s your gut feeling. However, if the conscious and subconscious parts of your brain don’t agree, your insula detects the discrepancy and registers a threat. It’s the “I have a bad feeling about this” response. Fabritius and Hagemann note that gut feelings “represent the most efficient use of your accumulated experience.” According to the authors, flipping a coin is the best way to really listen to your basal ganglia and insula. Your subconscious brain has already made a decision; flipping a coin helps you test your intuition about each option. If the coin lands on heads and you feel relieved, then heads is the right choice. However, if the coin lands on tails and you’re uncertain or want to flip again, then that’s your intuition saying the other option is the better choice. So, the next time you’re caught in a pickle, grab the nearest quarter and put your intuition to the test.

regarded as unscientific, but there’s a lot of research to support making intuitive decisions. Friederike Fabritius and Hans W. Hagemann, authors of “The Leading Brain: Neuroscience Hacks to Work Smarter, Better, Happier,” explain how we develop that “gut feeling.” Intuitive decisions are driven by two structures in your brain: the basal ganglia and the insula. The basal ganglia are connected to movement and building habits. The insula, part of the cerebral cortex, becomes engaged when you experience pain, feel love, listen to music, or even enjoy

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