CONSIDERING THE PATENT PROCESS 1

Running head: CONSIDERING THE PATENT PROCESS

Considering Whether the Patent Process is Worth the Cost

Sam Regas
Waxahachie Global High

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Table of Contents
Abstract .........................................................................................................pg.3
Introduction ...................................................................................................pg.4
A Brief History of the Patent.........................................................................pg.4
Apple vs. Samsung.........................................................................................pg.5
Infringed Patents of the Apple vs. Samsung Case ............................pg.6
The Cost of a Patent ......................................................................................pg.7
The Rights to the Telephone .........................................................................pg.8
Conclusion ....................................................................................................pg.9
References .....................................................................................................pg.10

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Abstract
According to the officials of the United States Patent and Trademark Office (2014), in the United
States alone over 8.6 million patents have been issued since the opening of the opening of the
Patent Act of 1790. The idea of an inventor having a monopoly on the production of his or her
invention, on the other hand, can be traced back to the middle ages. Throughout history, there
have been many examples of the advantages of patents, however, the cost of a patent can range
from $5000 to over $10,000 in legal fees. Due to the high cost of acquiring a patent and the
complexity of the patent process, many question whether the patent process is actually worth
going through. Nevertheless, those wishing to capitalize on their ideas should seek a patent
before continuing with their work. This will protect the original inventor or innovator in a court
of law, and will also allow him or her to sell the idea.
KEYWORDS: Patent, Inventing, Invention, Laws, Infringement

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Introduction
The members
of the United States Patent and Trademark Office (2013) defines a patent as property right
granted by the government of the United States of America to an inventor to exclude others
from making, using, offering for sale, or selling the invention throughout the United States or
importing the invention into the United States for a limited time in exchange for public
disclosure of the invention when the patent is granted. In other words, a patent is the right given
to an inventor or innovator to exclusively produce their own idea. However, not every idea may
be patented. According to the members of the United States Patent and Trademark Office, a
patent must fall under one of the following categories: a process, a machine, an article of
manufacture, composition of matter, or an improvement of any of the preceding. In addition, the
invention must also be novel, nonobvious, adequately described or enabled, and claimed by the
inventor in clear and definite terms.
A Brief History of the Patent
The idea of a patent can be dated back at least as far as the late medieval ages. In 1331,
King Edward III granted John Kempe the first Letters of Protection for one of his inventions.
This allowed him royalties to the manufacturing of his invention (Deazly, 2008). Many historians
will refer to an architect, Filippo Brunelleschi, as the first holder of a modern industrial patent.
Brunelleschi invented a flat-bottom boat created with the purpose of moving large slabs of
marble across bodies of water in 1427 (Patents Visuals, 2014). Throughout the Renaissance
Period, many patents in fields from art to engineering were presented to the innovators who led
the creative revolution of the Renaissance. In the following years, the governing officials of

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many other European countries adopted this new patent process. After the end of the American
Revolution, the founding fathers discovered their newly liberated Land of the Free in an
economic depression. In ordered to promote commercial growth in the recently formed United
States, the national copyright and patent laws were created (Constitutional Rights Foundation,
2008). This allowed for the protection of intellectual property in the United States.
Apple vs. Samsung
Since the formation of the US patent, there have been patent infringement cases. One of
the most notable cases of the last decade is the Apple vs. Samsung case. The case started when
the legal representatives of Apple accused Samsungs design team of copying some of the design
elements of the iPhone and using them in their new Samsung Galaxy (Epstein 2014). Feigerman
(2012) of Business Insider states:
According to the court documents filed by Apple, Samsung was repeatedly
warned by third parties that its tablets were rip offs of the iPad. Google in
particular told Samsung that the Galaxy Tab and Galaxy Tab 10.1 were too
similar to the iPad, and Google asked Samsung for more distinguishable
design.
This would show that the designers of the Samsung Galaxy knowingly infringed on
iPhones design. The representatives of Apples legal team claimed that the Samsung Galaxys
rounded edges and touch screen display, as well as many aspects of its operating system, are
clear attempts at copying the iPhones long-used design.

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Infringed Patents of the Apple vs. Samsung Case
According to Zach Epstein (2014) at BGR.com, the representatives of Apple brought up multiple
patents in this case.
Patent 5,946,647: System and method for performing an action on a structure
in computer-generated data: This patent covers iOSs ability to recognize certain
text strings and automatically add links. For example, if you get a text message
that says Meet me for a drink tonight, the word tonight will automatically
have a link applied. Tapping the link will prompt you to add a new entry to your
calendar.
Patent 6,847,959: Universal interface for retrieval of information in a
computer system, a patent that Apple claims is central to universal search:
Apples universal search patent covers technology that allows the device to
simultaneously search local content as well as content on the Internet.
Patent 7,761,414: Synchronous data synchronization among devices: This
patent covers the way that Apples iPhone and iPad synchronizes data in the
background while users continue to add new data.
Patent 8,046,721: Unlocking a device by performing gestures on an unlock
image Every iOS device user on the planet is very familiar with this technology,
which has been the first thing users see when they pick up an iOS device since the
first iPhone debuted in 2007. The patent describes a system whereby a device will
be unlocked by performing a gesture over a lock screen image.

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Patent 8,074,172: Method, system and graphical user interface for providing
word recommendations: Apples auto-correct technology might be pretty awful,
but its still patented. This filing describes the specific technology Apple uses in
its iOS auto-correct system.
The court ruled in Apples favor granting them over one billion dollars in recompense
(Wingfield, 2014). This is a prime example of why an inventor should patent his or her
invention.
The Cost of a Patent
Its much easier for a large corporation, such as Apple, to afford patents on every
invention, but owners of small corporations or non-corporate personal inventors may have a
harder time affording a patent. The cost of a patent can vary depending on the complexity of the
invention. An article on IPWatchDog.com breaks the attorney fee down into six different
categories, ranging from the simple to the highly complex. Extremely simple inventions, such as
coat hangers or paper clips, will have an attorney fee of $5,000 to $7,000. A relatively simple
invention, such as an umbrella, toothbrush, or flashlight will have a fee ranging from $7,000 to
$9,000 dollars. A minimally complex invention, like a cellphone, camera, or microwave oven,
will cost about $9,000 to $10,000. The inventor of a moderately complex invention, such as a
riding lawn mower, can expect $10,000 to $12,000 in attorney fees. A relatively complex
invention, like basic software, will require between $12,000 and $15,000 in attorney fees.
Finally, a highly complex invention, such as a complex piece of software, MRI scanners, can
cost upwards of $15,000 (Quinn, 2011).

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The Rights to the Telephone
For many inventors, the cost of a patent can be more expensive than the inventor is
willing to pay. Regardless, any inventor looking to capitalize on his or her idea, may find
themselves losing their chance if the idea isnt patented soon enough. In fact, Alexander Graham
Bell, the father of the modern telephone, was not the first person to invent the telephone.
According to the official website of The Library of Congress (2012), Alexander Graham Bells
design that was first patented; however, he was not the first inventor to come up with the idea of
a telephone. An Italian immigrant, Antonio Meucci, is accredited by many historians as the true
inventor of the telephone. While he filed a caveat of his talking telegraph in 1871, he could
never afford the patent, and eventually, his caveat expired.
Five years later, on February 14th, St. Valentines Day, one of the closest calls in US
patent history occurred. Alexander Graham Bell raced a rival inventor named Elisha Grey to the
patent office. Elisha Grey was looking to apply for a caveat for the invention of the telephone,
while Bell was looking to have his design for the telephone patented. History was made when
Alexander Graham Bell burst through the doors of the patent office only an hour before Grey
(Library of Congress, 2012). Today, Alexander Graham Bell is synonymous with the invention of
the telephone and is one of the few inventors to become a true household name, but had Elisha
grey been even a day quicker to the patent office, perhaps his name would be in the history books
as one of the greatest inventors to have ever lived.
Conclusion
Many inventors ask themselves whether or not a patent is worth the time and money. The
daunting process of patenting alone can stop many inventors from every bringing their ideas to

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light. Nevertheless, anyone interested in inventing should trudge though the process if they have
any serious intentions of inventing. As difficult and expensive as it may be, it is a process
inventors simply must go through. Getting a patent may be hard work but its proven to be worth
it.

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References
Constitutional Rights Foundation (2008, January 1). The origins of patent and copyright law.
Retrieved November 2, 2014, from http://www.crf-usa.org/bill-of-rights-in-action/bria23-4-a-the-origins-of-patent-and-copyright-law#.UU-OeVdMy3M
Deazley, R. (2008) Commentary on the statute of monopolies 1624, in Primary sources on
copyright (1450-1900), eds L. Bently & M. Kretschmer.
Epstein, Z. (2014, April 1). These are the 5 iOS features Apple claims Samsung stole. Retrieved
November 4, 2014, from http://bgr.com/2014/04/01/apple-vs-samsung-lawsuit-patents2014/
Fiegerman, S. (2012, July 30). Apple Vs. Samsung: Everything you need to know about the
(patent) trial of the century. Retrieved November 3, 2014, from
http://www.businessinsider.com/apple-vs-samsung-everything-you-need-to-know-aboutthe-patent-trial-of-the-century-2012-7?op=1
Library of Congress. (2012, April 25). Who is credited as inventing the telephone? Retrieved
November 4, 2014, from http://www.loc.gov/rr/scitech/mysteries/telephone.html
Patent Visuals. (2014, January 1). Filippo Brunelleschi. Retrieved November 2, 2014, from
http://www.patentvisuals.com/history-of-patents/filippo-brunelleschi/
Quinn, G. (2011, January 28). The cost of obtaining a patent in the US. IPWatchdog.com
Retrieved November 6, 2014, from http://www.ipwatchdog.com/2011/01/28/the-cost-ofobtaining-patent/id=14668/
United States Patent and Trademark Office. Patents. (2013, July 31). Retrieved October 31, 2014,
from http://www.uspto.gov/inventors/patents.jsp
United States Patent and Trademark Office. Table of issue years and patent numbers, for selected
document types issued since 1836. (2014, March 26). Retrieved November 1, 2014, from
http://www.uspto.gov/web/offices/ac/ido/oeip/taf/issuyear.htm
Wingfield, N. (2012, August 24). Jury awards $1 billion to Apple in Samsung patent case.
Retrieved November 2, 2014, from http://www.nytimes.com/2012/08/25/technology/
jury-reaches-decision-in-apple-samsung-patent-trial.html