The Abuse of Design Patent Kills Creativity

Apple is abusing design patent. Honestly It is doubtful whether design has to be in an area of patent or not.

Assume the next: A rich person built a Victorian residence in a suburb. Attracted by it, neighbors followed building or renewed their houses of the same style. Such the case, the rich person would sue the neighbors in charge of infringement. Is it persuadable?

Picasso first learned Impressionism and then created Cubism. During his living, many of many artists pursued Picasso’s paintings and styles. Picasso did not sue them, as long as they did not copy his pieces as it is.

Design is substantially derived of ‘beauty’ or ‘feeling’. The beauty and feeling are naturally easy to be alike. Therefore, design patent must be limited to very narrow conditions. It is believed common sense that the smartphones and tablets such that small size and functions are far from the narrow conditions available to design patent..

The concept of patent system concerns not ‘design’ (beauty and feeling), but technology, about which we can judge the originality scientifically and clearly.

If Apple claims are accepted, the patent system would be doubted, and more might be overruled as useless.

There is an Eastern proverb, “Too much is as bad as too little.” Patent system has contributed to the industrial advance. But the abuse of patent now is killing creativity and industry.

Apple has been seemed too proud of ‘design’ creativity, ‘who else can dare to create the same level of our design?’ We can confirm Apple’s self-pride seeing that it operates the enclosed app market excluding non-members. Steve Jobs seemed to stick to his success, which he thought depended upon the creative design. He could haven’t forgiven Samsung’s phones as looked like his design. He that was angry sued Samsung too emotionally. But he made a large mistake, ignoring the basic vulnerability of design patent.

‘Design’ is not a magic. If someone says their design is purely creative, he or she is a liar. Apple’s designers would have seen Sony’s. Perfect design creativity is really a fantasy or magic.

We live on one earth conditioned by the God, so that any giant cannot found their own ecosystem for themselves. If so, the artificial, profane market will be punished to the extinction.

We globizens live in the Internet age, the most remarkable feature of which is the diffusion of knowledge and information freely and swiftly.

The next (South Korea, Taiwan) or third (China) generation of developing countries would be following the western levels speedier than the first generation (Japan) did.

We must humiliate ourselves to keep the top. (The end)