Stupid Patent Of The Month: Ford Patents A Windshield
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The Supreme Court's recent decision in Impression Products v. Lexmark International was a big win for individuals' right to repair and modify the products they own. While we're delighted by this decision, we expect manufacturers to attempt other methods of controlling the market for resale and repair. That's one reason we're giving this month's Stupid Patent of the Month award to Ford's patent on a vehicle windshield design.
Take a shop that restores and sells used cars. The business works because the shop can rest assured that, so long as those bringing in the cars own them, the shop is free to repair and resell those vehicles. That smooth flow of commerce would sputter if companies that make the thousands of parts that go into a vehicle could keep their patent rights after the first sale. Those companies might, for instance, restrict resale rights and sue the shop owner for patent infringement. And even if they refrained from imposing such restrictions, the very threat of patent liability would force the shop to invest in efforts to protect itself from hidden lawsuits.If the Patent Office continues to issue stupid design patents like Ford's windshield patent, it risks giving manufacturers carte blanche to decide who can repair their products. And customers will pay the price.Republished from the EFF's Stupid Patent of the Month series.
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