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View Diary: Why Patents Can Stifle Innovation (74 comments)

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  •  I wasn't referring to the Apple patent (0+ / 0-)

    but to the generic statement in the diary itself.  If "trade dress", "ornamental design", or "design patents" are protecting otherwise free and clear utility, then the system is being abused.

    and their contempt for the Latin schools was applauded by Theodoric himself, who gratified their prejudices, or his own, by declaring that the child who had trembled at a rod would never dare to look upon a sword.

    by ban48 on Sat Oct 13, 2012 at 04:00:31 PM PDT

    [ Parent ]

    •  Yes, but it might not be that simple (0+ / 0-)

      In principle, I agree that appearance and utility are different issues and the former should be quite narrowly defined, even, possibly, to the extent of requiring a product facsimile as would be required with embodiments of logos, for example.

      However, what we have in the Apple vs Samsung case is a bit more complex in that, not only was the product appearance found to conflict with the trade dress patent, but various software features were found to violate design patents and then there were clams/counter-claims based on utility patents.

      So while I think the trade-dress issue is pretty clear-cut (and obviously think Apple had a case there), the case in general was a bit less clear-cut and is a good illustration of the pratfalls industry faces with an antiquated system that does not adequately differentiate issues such as trade dress, design verses utility, proprietary utility verses standards-essential utility and so-on.

      And that is why I posted various links to some articles that elaborate the situation and state some of the issues more clearly with examples, and to some articles that argue principles.

      So, any thoughts on the current cases involving FRAND patents Samsung is trying to retroactively claim as proprietary?

      Or the extent of Apple software patents (just to be fair)?

      Both companies seem to be playing the system now, ironically prompted into doing so by others such as Nokia, Motorola, et al.

      What about my Daughter's future?

      by koNko on Sun Oct 14, 2012 at 12:54:21 AM PDT

      [ Parent ]

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