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Apple vs. Samsung: In America, Even a 'Fart' can be Patented!

"The outcome of the legal battle between Apple and Samsung illustrates the failure of patent law - and certainly U.S. patent law. Apple rejoices that the judgment has made it clear that stealing is prohibited. That is true. But that begs the question of what you can make your own property. ... The U.S. patent regime has ballooned so much that every fart can be patented. That is absurd."



The Netherlands - Trouw - Original Article (Dutch)
The Samsung Galaxy smart phone: Did the decision last week by a U.S. court that the company infringed on Apple patents go too far?

During a home game in California, Apple scored a victory against their rival Samsung. The South Korean company has to pay Apple $1 billion for supposedly violating patents with its Galaxy smart phone. The verdict was celebrated by Apple, but is bad news for the telecom industry, consumers and ultimately for Apple itself.

The fact that members of the jury stated afterwards that of course they preferred "their" iPhones left a bitter aftertaste. A lawsuit like this, technically complicated as it is, does not lend itself to jury trial. But that is another matter.

The key is that the outcome of the legal battle between Apple and Samsung illustrates the failure of patent law - and certainly U.S. patent law. Apple rejoices that the judgment has made it clear that stealing is prohibited. That is true. But that begs the question of what you can make your own property.
Posted by Worldmeets.US

The (American) patent regime has ballooned so much that every fart can be patented. A device that fits in the palm of your hand therefore contains tens of thousands of patents. That is absurd.

Patents exist to protect intellectual property. And that protection is justified because it allows an inventor to exploit his invention. If that option is not available, it doesn’t pays to invent, and innovation comes to a halt.

In that sense, a patent system is good. But if it becomes so extensive that everything can be patented, it also brings innovation to a halt. Because one can’t think of anything new without infringing patents, none of which you knew existed.