This weeks discussion was this:

• Did Mr. Higgins infringe on Ms. Garner's Patent?
• Is Ms. Garner's patent valid?
• Does Ms. Garner's patent meet the requirements of being novel, non-obvious, and having utility? Explain why or why not.

My Initial post :

According to Prenkert et al., patent is an agreement between the inventor and the federal government in which the exclusive right to exclude others from making, using, or selling the invention is given to the inventor in return for sharing information with the federal government regarding the invention (2022). Patent infringement occurs "when a defendant, without authorization from the patentee, usurps the patentee's rights by making, using, or selling the patented invention" (Prenkert et al., 2022 , p 8-8).

In the case above, Ms Garner is suing Mr. Higgings in violation of her patent for a process of profiling customers and selling shoes online.

Based on the facts presented in the case, Mr. Higgins did not infringe on Ms. Garner's Patent. Ms. Higgin's idea was not new because other businesses had been using it for years. It was a new idea in her shoe business. Ms. Higgins may argue "first-to-file" rule which grants her the patent based on her being the first one to file it but in this case it fails the uniqueness requirement (Prenkert et al., 2022). Mr. Garner's company has been profiling customers for years in his store and recently just started utilizing the ecommerce.

Ms. Garner's patent is not valid as it does not meet the the following requirements:

1. Patentable
2. Novelty
3. Nonobviousness
4. Having utility (Prenkert et al., 2022)

Her process is novelty because for innovation to be novelty, it requires it to be new and truly different from what others are doing, it lacks nonobviousness because Mf. Garner was easily able to follow the same proces who claimed to not have any idea about Ms. Higgins process. Companies have been profiling customers for years and it is not a new concept.

Please help Reply this question:

How about the differences between Apple and Microsoft.. Steve Jobs and Bill Gates.. even after Steve passed away and Bill Gates retired.. how is what they started being protected?