How to define ‘article of manufacture’: a comparative study of the United States and India

Abstract

While the first smartphone was developed in 1992,1 a case claiming infringement of design patents protecting certain features of a smartphone was only filed in 2011 in the United States of America ('US'). The case is Apple Inc. v Samsung Electronics Co., Ltd, wherein Apple Inc. (‘Apple’) accused Samsung Electronics Co., Ltd (‘Samsung’) of infringing its three design patents and two utility patents.2 While there was an unequivocal finding of infringement of Apple’s design patents by Samsung, the issue of damages was highly contended. In contrast, India has not witnessed any major disputes or judgments on the infringement of industrial designs. The smartphone industry is known for a wide variety of patents, such that the industry mammoths, namely Google and Apple, are acquiring smaller companies and start-ups on the basis of their intellectual property profile.3 In this article, we undertake a comparative study of the approach adopted in the US and India with respect to the extent of damages awarded for infringement of design patents and industrial designs, respectively. Furthermore, we make appropriate proposals and recommendations on undertaking an examination of the wording of the statute, legislative intent and judicial precedents in these countries.