Brett McGuire: Apple-Nokia Spat Reveals Patent Value
Brett McGuire | January 26, 2010
Related articles
Brett McGuire: Apple’s Trouble With Trademarks 3:47pm Feb 3, 2010
Big Year Ahead for Protection of IP in Indonesia 9:57pm Jan 12, 2010
Brett McGuire: Reasons We Buy Counterfeit Goods 9:47pm Dec 8, 2009
Brett McGuire: Colors a Powerful But Sometimes Legally Defenseless Trademark 9:54pm Dec 1, 2009
Brett McGuire: Turning Pirates Into Honest Earners 11:09pm Nov 24, 2009
Post a comment
Please login to post comment
Comments
Be the first to write your opinion!
Apple and Nokia have been slogging it out in a veritable clash of the patent titans. Nokia claims that Apple’s iPhone infringes on various patents that it owns. Apple has fired back with its own patent-infringement claims against Nokia. There’s a lot at stake. Nokia has asked the US International Trade Commission to stop Apple from shipping phones, adding to speculation that Nokia is using its patents to piggy back on the enormous success of the iPhone.
However, it may be more a case of Apple building its success on Nokia’s innovation. As a pioneer in mobile communications, Nokia has been central to the development of wireless technology, investing billions of dollars in research and development. Nokia claims that its patented technology is fundamental to making mobile devices compatible with GSM, 3G and WLAN standards. Since the iPhone uses all three standards, Nokia argues that Apple should pay royalties like everyone else.
Apple has admitted that it may have unwittingly infringed on Nokia’s patents but insists that it will vigorously defend the case. It has accused Nokia of “patent hold-up” — that is, demanding exorbitant royalties knowing it would cost Apple less to pay than to incur the cost of switching. The accusation is a bit unfair. Nokia is asking for royalties of 1 percent to 2 percent on every iPhone sold. The various authorities that administer wireless standards allow patent holders to charge a fair amount for the use of their technology.
Don’t expect to see this case decided any time soon. It could take years for the lawyers to wrangle over the patents.
Patents are used by companies to protect new technology they have invented. Similar to copyright, patents are used to prevent others from copying an invention. This gives the patent holder an opportunity to earn a profit from its investment in research and development by either licensing the invention to others or developing new products itself.
The catch is that the patent holder has to disclose how the invention works. This information becomes public and is often used for further research and development. Patents have formed the basis for major medical breakthroughs in vaccines and medicines. In mobile communications, patented inventions often become industry standards. The flip side is that your competitors learn what products you are developing. To combat this, companies like Apple often file dummy patents to confuse their competitors.
In Indonesia, it is possible to patent both a product and the processes used in its manufacture. Some things cannot be patented, such as business and medical procedures and computer software. An Indonesian inventor learned this the hard way when he claimed that Garuda’s ticket-payment system infringed on one of his patents. Garuda responded by successfully canceling the patent because it sought to protect a business system.
Like other forms of intellectual property, patents do not last forever. In Indonesia, patents expire after 10 or 20 years, depending on the type of patent.
Not all inventions are worthy of patent protection. In 1885, Frenchman Frederic Auguste Bartholdi patented the system he designed to assemble the Statue of Liberty. The statue was broken into 350 pieces in France, packed into 214 crates and reassembled in New York. Nothing like this had been done before, and most likely will never be done again.
The patent issued to Alexander Graham Bell for his invention of the telephone is often considered to be the most valuable in history. But the telephone did not catch on at first as people saw it as a mere novelty. How things have changed.
Brett McGuire is a consultant for Rouse. His Web site is HAKItree.com/brettmcguire
- ‘The Phantom of the Opera’ Unveils Itself to Jakarta Audience
- Malaysian Girl Speaks Indonesian After Freak Accident: Report
- Indonesians Buying Up Most Expensive Homes in Singapore
- Funeral on Friday for Student Killed in Rafting Accident
- Indonesian Police Arrest Czech Tourist in Papua
- Adek Berry: The Lady Behind the Camera
- 7 Motorcycle Girls Arrested for Beating Up Their Own on Bali
- The Thinker: Let's Talk About Sex
- Final Farewell to Singapore's Dr. Toh Chin Chye
- Indonesian Operators Ban Access to LGBT Advocacy Web Site
-
10:42pm | 12 Detainees Pull Off Brazen J...
Jailbreak happens all over the World Governments should give education and hope to the poor or else the Higly organised Mega Rich Crime will destro -
10:15pm | Notorious Gang Boss Could Be B...
Every Big city in the World has a huge crime problem So Jakarta no different. Honesty is the best policy. My father said to me when I was a young ... -
10:07pm | Israel’s Stance on Iran Could ...
Strike is a made up war from the free mason and illuminati, they need to justify a war to reduce the worlds population by 90%. A nwo will be create -
9:52pm | Sumitomo Bets on Indonesia’s G...
u have less chance of seeing a big fish convicted than I have of buying JPB a few beers -
9:42pm | Israel’s Stance on Iran Could ...
Moscow's stance on Syria IS catastrophic... -
9:42pm | What US Stop Online Piracy Act...
Am I the only one who believes that Indonesian govt doesn't care about sopa, so does everyone else in the country? It tickled us only when Wikiped -
9:41pm | What US Stop Online Piracy Act...
Am I the only one who believes that Indonesian govt doesn't care about sopa, so does everyone else in the country? It tickled us only when Wikiped -
9:29pm | Sumitomo Bets on Indonesia’s G...
@Valkyrie: don't get our high hopes, the bigger fishes are only AU, and maybe AM as "bonus".. but it stops there. Indonesian people will forget
