Law suits of patents has been for along time one of the major factors of protecting rights of inventors and innovators in the world, through that rightful act a lot of companies were said to have abused that right to their benefit, in which it affected the consumers, competing companies and up coming inventors and innovators, those acts both discouraged some skilled workers and innovators.
This report will discuss the thought of abuse of patents by major companies and the repercussions of these actions on the workers, inventors, innovators and consumers. It will show some proposed solutions to the way patents are being given the rights to them on who and for how long it is given, also the consequences of either staying the same or acting on these solutions, on the workers, inventors and consumers.
Apple is a well known manufacturing company for technological and electronic equipment that has been working for a long time in which they faced a lot of troubles along the way through lack of innovations that ended from the time they invented the iPod on Nov 10 2001 after that the company started by inventing a new operating system and new technologies like the iPhone and the first ever portable touch screen tablet known as iPad. Samsung is also a well-known electronic manufacturing company of all kinds from air conditions and refrigerators to televisions, computers and mobile phones.
In 2011 a lawsuit filed by apple against Samsung to the north California court on the basis of design patent infringement was made and both went to court they case was ruled in favor of apple by granting $1.05 billion and at September 25 2012 they were granted an additional $707 million (RAMANATHAN, 2012). Even though the lawsuit filed in Korea was lost to Samsung.
Figure 1: The appearance of the iPhone as shown.
Patent lawsuits are one of the most difficult issues to thoroughly investigate and discuss because of the normal present nature of the patents that are given for they are some times too general and can be monopolized by major companies to have more control of the market and to become the controlling price factor of these commodities in that market which is not beneficial to the consumers since there is only one supplier for that product. In this paragraph problems in the lawsuit of apple vs. Samsung will be explained to what are some of the patents’ problems are.
First problem is the duration of design patents for major companies for innovative products it is 14 years (Quinn, 2011) for each patent which is too long for the market to market and consumers to withstand that time because it is considered a life time to some companies in which they might fall of the grid or even become bankrupt it they were depending on that one product in that market in which the controlling company can restrict the entry of new companies to the market.
Second problem is the right of the company to control the patent in a way that badly affects the new innovators that are restricted by law to not use these technologies in their innovations for these patents are on the designs of the external look of the products and the way its handled like the way the iPhone appears which is different from all mobile phones illustrated in figure.1 ("Apple, Samsung lawsuit, 8" 2011).
The solution to the duration of design patents is suggested by many consumers to be removed because they are too restricting to many innovators ("My thoughts regarding," 2012). To relatively show or explain a solution to the case of apple vs. Samsung, according to the court files of the allegations made by apple against Samsung were mainly based on design patent infringement ("Apple, Samsung lawsuit," 2011), so in this a suggested solution would be to decrease the duration of the patent from 14 years to a maximum of 5 years, so that gives a chance for others to fairly compete with the patented company.
That leads to the...