I wonder if the American Patent System would allow me to file and be awarded a patent for an organic oxygen transfer system that would permit the exchange of oxygen and carbon dioxide in hemoglobin? That would basically let me go out and force every living being on the planet for a user fee for each and every breath that they take…that would be a good business plan, if I could word it a little more technically and find a patent clerk that was off his/her rocker in debt or addiction and bribe or convince them to allow such a ridiculous scheme to actually play out…but considering each person on the planet takes about 12 breaths per minute…Krispy would be very wealthy after about 10 minutes!
Apple this week both took a bit of a knock when their claim against Samsung copying the iPad but were administered a judgment that they would have to publicly apologize to Samsung for claiming that they copied the iPad. I smiled more than just a little bit when this happened as it would appear that the rest of the world is starting to wake up to the fact that Patents generally stifle innovation when they are too broad and far reaching.
A new case in point is the new Apple Patent that some are calling the Mother of all Tech Patents. The 25 patents that were awarded to Apple basically cover the entire breadth of what currently available Smart Phone or Tablet are. They source back to the original iPhone and then move forward to cover every eventual change that Apple, Android and every manufacturer has committed to in the past 4 years of the explosive growth in the mobile marketplace.
This coming just as Microsoft is readying itself for its massive gamble on Windows 8 for the phone/tablet/desktop space. I looked through the patent itself that defines Patent no 8,223,134: “Portable electronic device, method, and graphical user interface for displaying electronic lists and documents”.
Patent reform needs to happen, and the fact that any one company can file for and be awarded a patent that is so far reaching defeats the purpose of Patents in the first place. My recommendation is that all the phone manufacturers and current mobility patent holders get together over cocktails, put aside their petty differences and look to bringing down Apple just a peg or two. The iPhone would not be much of value if it was not able to transmit or receive phone calls or data transmissions, the ability of the OS to function and even display images would not have been possible without the work of others before Apple got started…and heaven forbid us if the there was ever to be a claim on the ability of an electronic device to consume power from a battery!
Get ready everyone…I see not just a battle but a real war coming in the world of technology…one that will forever change the landscape.
Should Apple’s ideas and intellectual property be protected from copy cats in China…absolutely, but they should not be able to hide behind patents and lawyers…if their product is truly the best…it will stand out and be consumed, purchased and loved by consumers…and it has…since it first put the iPhone on AT&T store shelves…there is no doubt about it that it is the most popular and strongest single vision/voice for mobile technology…but give it a rest…Patent #8,223,134 should never have been allowed to see the light of day.
So the next time you take a breath…don’t forget to send your .0001 cents to email@example.com or make a daily deposit of $2.88 (yes that is right the global daily income from my upcoming patent will be just over $17 Billion)…chew on that Apple!
Chris J Powell