After researching the patent war that is ongoing between Samsung and Apple, it is apparent that certain liberties can be taken when a new and innovating product hits the market. In 2007, when Apple first released the iPhone, there was nothing like it. It was built in a way that was drastically different than even other touch screen phones at the time and users interacted with it in a way that was groundbreaking. Naturally, Apple wanted to patent as many components and design features as they could, but being such a revolutionary product, they were able to overshadow some controversial patents.
For instance, Apple filed a patent for a, "thin rectangular cuboid with rounded corners" ( US patent D504889). For many people, this seems like an obvious design characteristic, however, Apple was still able to file patent on it. With so many other claims and features they were trying to patent, Apple could throw in some that some people would argue were obvious. With these claims, Apple was able to file suit against companies like Samsung for infringing on their patents, but it raises the question that if a competitors design cannot be a thin, rectangular, cuboid, what is it supposed to be shaped as?
First to market is such a critical business strategy because not only can one gain a majority shareholding of the market, they can also take drastic control of the intellectual property surrounding future technology. Today, almost every smart phone could be described as a thin, rectangular cuboid, but at that time, only the iPhone had those characteristics in the almost non-existent smartphone world.
Perhaps greater care should be taken when reviewing patents. This is difficult because with so many claims, it is easy for some more general ones to slip through the cracks. It is clear, however, that the first to market product is definitely on an easier path than a future technology, but that is not to say the later competitor cannot put up a good fight.
No comments:
Post a Comment