Silly patents are harming American and global innovation
and creating monopolies:
“That’s what’s
going on now in the world of design patents, where the U.S. Supreme Court has
suddenly been forced to confront the fact that century-old laws governing
ownership of shapes, contours and curlicues are far out of step with modern
life. Unless modernized quickly, these outmoded rules could empower a wave of
opportunistic lawsuits that would suppress innovation.
The case at issue
is Samsung Electronics Co. v. Apple. In 2011, Apple brought a patent lawsuit
against Samsung, asserting that Samsung’s smartphones infringed upon Apple’s
patents on three design elements: rounded corners, a bezel on the rim and a
colorful, 16-icon grid. Odd as it may sound that anybody could claim ownership
of something as ubiquitous as rounded corners, designs like that are
patentable, and Apple was awarded $399 million in damages. That’s a significant
fraction of Samsung’s total profits from smartphone sales”
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http://vivekjayakumar.blogspot.com/2016/04/do-patents-help-or-hinder-growth-and.html
WSJ article on the flawed American patent system –
“The U.S. patent
system has struggled to balance the goals of fostering innovation and reducing
abusive litigation that can be costly to business.
Recent changes in
the U.S. patent system have made it easier for companies with deep pockets to
combat claims. Shipping & Transit has turned its sights on scores of small
online retailers and logistics startups. It typically demands licensing fees of
$25,000 to $45,000, amounts just small enough to discourage a legal battle, yet
painful for businesses with only a few employees.”
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