Nowhere is this gap more visible than in the field of mobile computing devices. Apple, Google, Microsoft, Samsung, and HTC, among many others, are currently involved in a web of costly patent infringement suits. Perhaps it is time to examine whether computer software patents fulfill their intended purpose of promoting technological innovation and economic growth
Through its high-quality, no-cost Android OS, Google allowed mobile phone hardware manufacturers to make a number of different smartphone models at an affordable price. Unlike Apple's iPhone and RIM's Blackberry line, which were up-market and targeted at specific segments, companies like Samsung and HTC, which did not have to recoup software development costs, offered smartphone models for the mid-market and even entry-level market.
The availability of so many different Anroid-based smartphones, one for each consumer segment, led to a very rapid and broad dissemination of smartphone devices in the mobile phone market. This dissemination familiarized the whole consumer base with smartphones and enlarging the mobile computing market considerably. Furthermore, this familiarity has even come back to help Apple by creating broader interest and anticipation for Apple's iPad tablet, which represents the next big growth channel for Apple, and for the mobile computing industry in general. (Newman).
The Android also promotes technological innovation because it is an open source platform. Open-source software means that software's source code, essentially its intellectual property, is freely available to the public. This allows computing professionals and hobbyists to modify the software for different purposes or even to make it more efficient. Such participation not only helps to train potential inventors, it also pushes the limits of the software itself, revealing hidden possibilities within the software.
Conclusion
The current patent law regime, and the intellectual framework in general, does...
After all, the concept of owning an idea runs counter to the collaborative spirit of science itself. Rather, it arises out of economic considerations, out of a desire for the economic growth created by technological innovation. When those patent rights threaten to inhibit economic growth instead of promoting it, it may be time to reevaluate the patent law regime.
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35 U.S.C. § 271 Infringement of patent
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