Original: http://www.heckel.org/Heckel/ACM%20Paper/obvpolrd.htm

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Obviousness: Polaroid v. Kodak

As an example of how the patent system has evolved to address the concerns the League raises, consider the Polaroid patent which, they say, describes "differences in the number and order of layers of chemical in a film-differences between the technique Kodak was using and those described by previous expired patents." The League says such differences were obvious. The court held otherwise. Kodak could have avoided infringement by using the order described in the earlier, expired, patent the League refers to. Why would Kodak use the order described in the later patent rather than the earlier one? Why would Polaroid patent it?

Could it have been better?

This demonstrates three things to those who must deal with patents. First, an active patent is a territorial warning. Second, technology described in expired patents is in the public domain. Third, patents protect the innovator. Polaroid was the innovator in instant photography. Kodak wanted a share of that market. The major obstacle was Polaroid patents. Kodak tried to get too near the fire. Kodak got burned and paid Polaroid over $900 million.

 

(Last updated on 10/06/98)

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