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Lecture 14, Intellectual Property - Patents (+midterm)

This lecture is a recap about the previously mentioned patent problems, and extended to the patent wars held among technology compaines, using Apple and Samsung as an example.

Patent Problem

• bad patents, vague definition, “patent troll” aka. non-practicing entities corporation files lawsuits or demand licenses
• thickets’ and failure of the disclosure function
  patents stack over each other to avoid disclosure and utilization
  Instead of disclosing the innovations, patents here are only used to create monopoly.
  treble damage - ?
• do-overs and delay at the PTO
  Endless continuations and reissues by making amendments to the original patent.
  The empty time period left by the PTO due to the inefficiency.

patent infringement - violating the patent owner’s right with respect to some invention

Improvements

• 2011 Leahy-Smith America Invents Act
  • reduced filling fees for micro-entities,
  • broadens range of prior art, etc.
  • expands PTO examining staff
  • Extends post-grant oppositions at PTO (to those obviously bad patents)

Software patents

Both covered by copyright (code reproduction) and patent(utility function)?
The supreme court in 1978 regard software as “just math”, abstract concepts and underlying ideas which are not patentable. But PTO and General Circuit are more permissive on software patents, and issued patents to software untill 2014. In 2014, Alice case set up a framework for determining whether a patent claims includes an abstract idea.

Apple/Samsung patent wars

The Smartphone Patent Wars
Apple sues Samsung for violating 3 utility patents including scrolling bounce back effect, inertial scrolling, and two fingered ‘tap to zoom’ effect.
Regarding design patents, Apple accused Samsung for:

1. minimalistic face of an iPhone and edge-to-edge front display,
2. minimalistic home button, physical design
3. graphic user interface (icon arrangement)

For these patents, in terms of utility, novelty, and non-obviousness, are they good patents? For Utility patents? Design Patents?

IP reform

what’s one thing you would do to fix?