Innovation and Technology: Understanding Intellectual Property Law

By: Madeline Decker

Madeline Decker is a rising sophomore at the University of Pennsylvania and an associate editor of the Penn Undergraduate Law Journal.

With a rise in breakthrough technologies and innovations, companies are working harder than ever to protect their products from their competitors.  There has been a renewed realization of the importance of patents and the invaluable protection they provide.  From small business owners to large corporations, understanding intellectual property “is more critical than ever,” according to Darren Dahl of the New York Times. [1]  

Cornell Law School defines intellectual property (I.P.) as “any product of the human intellect that the law protects from unauthorized use by others.” [2]  This definition serves as an umbrella term for many different categories ranging from patents to trade secrets.  The United States Patent and Trademark Offices “regulates patents and copyrights from the ‘intellectual property clause’ of the Constitution,” ensuring that an individual’s intellectual property is protected [2]. Additionally, the United States Constitution protects the intellectual properties and discoveries of individuals within Section 8 of Article I, which states that the government can “promote the progress of science and useful arts, by securing … to authors and inventors the exclusive rights to their respective writings and discoveries.” [3]  

Darren Dahl’s article in the New York Times discusses the increased importance of creating an “intellectual-property wall” to protect companies from possible breaches of their products. [4]  Dahl demonstrates through many examples, from large corporations to small local shops, how “many entrepreneurs forget that there is more to I.P. than just patents.” [5]. In his article, Dahl cites the case of Tracey Deschaine, the chef and owner of Dixie Picnic bakery, which is home to the novel idea of an upside down cupcake, known as an “upcake”. [6]  Deschaine had previously obtained trademarks on the logo and business name of her company, but was unaware that she also needed to secure the website name upcakes.com, as this U.R.L. was not covered by the trademark she had previously applied for. [7]  Now, without the U.R.L., Deschaine is unable to properly market her product.  While this case of intellectual property law does not concern a large corporation, it demonstrates how the complex concept of intellectual property law can become troublesome even to small business owners.  

Legal scholar John Palfrey describes intellectual property’s modern day impact.  Current “intellectual property is often a key driver of new business lines.  It can also be a driver of revenues … in the form of free cash flow.” [8]  By obtaining these legal rights to an inventor’s intellectual property, the inventor has a flexible future with his or her invention.  

One of the most recent, and possibly most well known, intellectual property disputes was between two mega-companies Apple and Samsung. [9] The University of Pennsylvania podcast Knowledge@Wharton describes this federal grand jury trial as “the patent trial of the century.” [10] Apple argued that eight Samsung phones needed to be taken off the market due to Apple’s belief that Samsung had infringed on many different Apple utility and design patents in Samsung’s creation of the Galaxy S II and the Fascinate. [11]  Apple said that Samsung “chose to compete by copying Apple” while Samsung argued that Apple’s “innovations come from its uncanny ability to commercialize technology, to for revolutionary engineering or design.” [12]  Samsung additionally argued that their company had been making mobile phones with touch screen surfaces for more than two decades, therefore predating the iPhone. [13]

At the conclusion of the trial, Apple was successful as the jury found that Samsung did indeed infringe upon many different Apple patents in the creation of new Samsung phones. [14] The impact of this case is unprecedented, as Apple’s design patents have now barred their competitors from producing a phone too similar to Apple’s iPhone.   

As society continues to become more advanced, past examples such as the Apple versus Samsung dispute, or simply Deschaine’s bakery dilemma, should serve as cautionary tales for the future of intellectual patent law.



[1] Dahl, Darren. “Intellectual Property,” The New York Times (August 5, 2009).
[2] Legal Information Institute, “Intellectual Property,” Cornell University Law School.
[3] US Constitution. Article VIII, Section 8, Clause 8.
[4] Dahl, “Intellectual Property,” The New York Times.
[5] Ibid.
[6] Ibid.
[7] Ibid.
[8] Palfrey, John G. “Why Intellectual Property Matters.” In Intellectual Property Strategy. Cambridge, Massachusetts: MIT Press, 2012.
[9] Apple Inc. v. Samsung Electronics Co., 678 F.3d 1314 (2012)
[10] David Hsu and Andrea Matwyshy. “The Apple-Samsung Case: What It Means for Patents — and Innovation.” Knowledge @ Wharton, August 29, 2012.  
[11] Ibid.
[12] Kravets, David. “The Apple versus Samsung patent showdown explained,” CNN Money (July 27, 2012).
[13] Ibid.
[14] Apple Inc. v. Samsung Electronics Co., 678 F.3d 1314 (2012)

Photo Credit: Flickr User James Bowe 

The opinions and views expressed through this publication are the opinions of the designated authors and do not reflect the opinions or views of the Penn Undergraduate Law Journal, our staff, or our clients.