Mr. Higgins' contention that Ms. Garner patented her online
shopping feature constituted an infringement. Mr. Higgins makes a
good point when he says that you can't patent an idea. Mr. Higgins
mentioned that his company has been utilizing the same technique
for many years in their brick and mortar store prior to implementing
it for internet ordering. This does not absolve Mr. Higgins of the
infringement charge, as Ms. Garner did patent it and made a great
argument when she indicated that the patent would have been
denied if it had not been original. Mr. Higgins did infringe on Ms.
Garner's invention, but the Judge also determined that her claim was
invalid because it did not fit the definition of a novel or non-obvious
patent.
When applying for a patent, you must meet the following criteria: it
must be patentable, it must be novel and not previously
manufactured or published, it must be usable, and it must be non-
obvious. A patent is a federally awarded privilege that allows an
inventor to prevent others from creating, selling, or utilizing their
invention for a set period of time. The patent system is intended to
foster the development of novel and beneficial innovations.
Because this is a technique that all online retailers utilize, I agree with
the Judge's conclusion. It improves the customer's purchasing
experience by making it easier for them to order and check out their
things. The online ordering process is not a novel concept that
should not be protected by a patent.
Reference
Kubasek, N. K., Browne, M. N., Herron, D. J., Dhooge, L. J., Barkacs,
L. L., & Williamson, C.
(2019). Dynamic business law: 4th Edition. New York: McGraw-Hill
EducationReference
