The Amazon patents describe a system and mechanism for tracking and guiding workers' hands relative to the position of inventory storage bins. These carved out rights include privacy of a person's freedom from unreasonable search and seizure under the Fourth Amendment. However, the Supreme Court, in numerous decisions since the 1920s, has relied on the Bill of Rights to carve out certain rights based on privacy considerations. Constitution contains no express right to privacy. Under current law, patents enjoy a 20-year monopoly period, backed by the power of Federal Government. Constitution, also known as the Patent and Copyright Clause authorizes Congress to grant inventors and authors exclusive rights to their respective inventions and works of authorship for limited periods of time. Related: Here Are 6 Weird Ways You're Being Tracked in the Real WorldĪrticle I Section 8, Clause 8 of the U.S. United States Patent and Trademark Office In addition, Amazon patents can run afoul of state statutes and common law privacy protections, which have adopted similar Fourth Amendment privacy standards. The Fourth Amendment applies to government actions, and would be implicated in a legal challenge to the Amazon patents, since patents are issued and enforced by the government.
That, in turn has led to concerns that the patents could violate protected privacy rights of employees under the Fourth Amendment to the U.S. Therefore, highly private information such as when an employee takes a bathroom break or pauses to scratch may be obtained and recorded by the patented system. The Amazon patents are able to obtain and record users' location and the detailed movements of their hands. Patent and Trademark Office recently granted Amazon two patents directed to remote control of human hands.
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