I think it is good that these people are patenting multiple parts of the design patent because they are rightfully protecting what is theirs. If they weren't, someone could claim ownership of their design since it was included in the overall "package" of the original patent. However, you could also claim that this is a waste of time for the USPTO since they are already backlogged by thousands of patents. Instead of having to review six different patents they would just need to review one. There are pros and cons to each approach, however, it must be up to the person filing the patent to ultimately make that decision.
No wonder why there are so many patents out there. Like we discussed in class, a smartphone can easily have hundreds or thousands of patents. It's very important for the person filing the patent to be as detailed as possible, so they can protect themselves when it comes to lawsuits.
ReplyDeleteI agree Adam, I think it is good that people are patenting multiple parts of the design. It is necessary to protect yourself as much as possible. The USPTO will always be backlogged until they can come up with a more streamlined process, one that is more efficient too.
ReplyDeletei feel that design patents have more uncertainty than utility patents. firstly, there is more ambiguity in showing that it is not prior art. secondly, it is hard to prove whether a certain design infringe another design because it is much easier to 'miss out one element of the claim' as compared to utility patents.
ReplyDeleteI agree with Jerel. I feel like there is a more subjective view towards the design patents, and that is why there are more uncertainty compared with utility patents. I do agree with Adam that filing multiple patents for the design is a better idea, regardless the extra work USPTO has to put into.
ReplyDeleteI feel that the multiple patents for one idea is kind of a waste of intellectual growth. I mean, yes it is important to protect your ideas. But sometimes, people use their multiple patents to stop the growth of technology to back up another company in court!
ReplyDeleteVery interesting article Adam. I agree with you Adam to a certain extent. Although it does promote intellectual growth and more patents being produced, it might be a waste like Alisha said.
ReplyDeleteThis is a smart strategy, and I remember when we first studied the construction of patents in this class I had many of these same thoughts myself. It makes perfect sense to me that splitting your idea up into as many patents is advantageous in today's market.
ReplyDeleteI think it's good to cover your bases and this is doing a pretty good job, albeit not giving anyone else a chance to innovate in that area.
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