Week 4 Response to Discussion 1 & 2 BUS 624/625
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BUS624Week4ResponseDiscussion1.docxBUS 624 Week 4 Response Discussion 1
Guided Response: Respond to at least two of your peers’ posts (as well as any comments made by your instructor) in a substantive manner and provide information or concepts that they may not have considered. Each response should have a minimum of 100 words. Support your position by using information from the week’s readings. You are encouraged to post your required replies earlier in the week to promote more meaningful and interactive discourse in this discussion forum.
Below there are two of my classmate’s discussion that needs I need to response to their names are Mark Zuniga and Lisa James
Mark Zuniga
MondayMar 16 at 10:41pm
Did Mr. Higgins infringe on Ms. Garner’s Patent? Is Ms. Garner’s patent valid?
I would rule in favor of Mr. Higgins not infringing on Ms. Garner’s patent as the patent is not valid. The patent is not valid as the process of keeping tabs of customers and the shopping behaviors is not a new process or idea. Mr. Higgins explains that his company has used this method for customers of shoes and upon expanding to an online presence, the same methods are the same. Ms. Garner is trying to state that there is a different between applying these methods in a building and online but the result is the same for the customer. As these characteristics are demonstrated prior by the company Mr. Higgins works for, there is no infringement.
Does Ms. Garner’s patent meet the requirements of being novel, non-obvious, and having utility? Explain why or why not.
Ms. Garner’s patent does not meet novel and non-obvious requirements. As a novelty is the invention being new and truly different from previous actions in the field, keeping tabs on customer behaviors and trends is not new in the retail industry (Langvardt et al., 2019). Non-obvious requires the invention to not be obvious to people in the same field of reasonable skills, marketing and analytics are specific job titles to help keep tabs on customers (Langvardt et al., 2019). The idea of providing products based on customer preferences is not a new idea for business and does not allow this idea alone to be patented. The patent does meet utility as this is useful in a business setting (Langvardt et al., 2019).
Resources
Langvardt, A. W., Barnes, A. J., Prenkert, J. D., McCrory, M. A., & Perry, J. E. (2019). Business law: The ethical, global, and e-commerce environment (17th ed.). Retrieved from https://www.vitalsource.com (Links to an external site.)
McGraw Hill. (n.d.). YBTJ_intellectual_click_arg (Links to an external site.) (Links to an external site.) [Video clip]. In Intellectual property: Click here, get sued [Video file]. Retrieved from http://www.viddler.com/embed/37be50a1/?f=1&autoplay=0&player=full&disablebranding=0 (Links to an external site.)
McGraw Hill. (n.d.). YBTJ_intellectual_click_prof_def (Links to an external site.) (Links to an external site.) [Video clip]. In Intellectual property: Click here, get sued [Video file]. Retrieved from http://www.viddler.com/embed/8fc0ee71/?f=1&autoplay=0&player=full&disablebranding=0 (Links to an external site.)
McGraw Hill. (n.d.). YBTJ_intellectual_click_prof_plaint (Links to an external site.) (Links to an external site.) [Video clip]. In Intellectual property: Click here, get sued [Video file]. Retrieved from http://www.viddler.com/embed/eef250e4/?f=1&autoplay=0&player=full&disablebranding=0 (Links to an external site.)
McGraw Hill. (n.d.). YBTJ_intellectual_click_react_def (Links to an external site.) (Links to an external site.) [Video clip]. In Intellectual property: Click here, get sued [Video file]. Retrieved from http://www.viddler.com/embed/c0e674c8/?f=1&autoplay=0&player=full&disablebranding=0 (Links to an external site.)
McGraw Hill. (n.d.). YBTJ_intellectual_click_react_plain (Links to an external site.) (Links to an external site.) [Video clip]. In Intellectual property: Click here, get sued [Video file]. Retrieved from http://www.viddler.com/embed/36326200/?f=1&autoplay=0&p
Lisa James
TuesdayMar 17 at 3:42pm
Did Mr. Higgins infringe on Ms. Garner’s Patent?
Mr. Higgins did not infringe on Ms. Garner’s patent based on the fact that her idea was not new and was utilized in stores and online prior to her gaining patent on it. Even though the law does allow for the “first to file rule” the patent still must be unique (Langvardt, Barnes, Prenkert, McCrory, & Perry, 2019). Mr. Higgins argument that the profiling of customer preferences is the basis of customer service is valid and there is no difference between utilizing the practice in store as there is online.
Is Ms. Garner’s patent valid?
No, the patent is not valid because it would not because it does not meet the basic requirements of being novel, non-obvious, and having utility
Does Ms. Garner’s patent meet the requirements of being novel, non-obvious, and having utility? Explain why or why not.
Her patent does not meet any of these requirements. For a patent to be novel, it must be a new and completely different from anything else in the relevant filed. Langvardt, Barnes, Prenkert, McCrory, & Perry (2019) state that, “The America Invents Act provides that a patent cannot be granted if any of these events occurred before the patent applicant filed his, her, or its patent application: the invention was already patented; the invention was already in public use, on sale, or otherwise available to the public; or the invention had already been described in a printed publication” (pg 289). Because stores were already utilizing this method in their brick and mortar locations, it would not be considered novel. The patent is also not non-obvious as to qualify for this distinction the idea must not be obvious to those in the same field. Mr. Higgins’ store and other locations have been using a variation of this for year. I would agree that the patent has utility, as it is helpful and useful for various locations.
Resources
Langvardt, A. W., Barnes, A. J., Prenkert, J. D., McCrory, M. A., & Perry, J. E. (2019). Business law: The ethical, global, and e-commerce environment (17th ed.). Retrieved from https://www.vitalsource.com
