4 ms·
The first comment on Ars Technica FWIW: (I take no stand, have no expertise, just posting someone's sober response so it'll be seen here.) I think most people
by jccc 14y ago
The first comment on Ars Technica FWIW: (I take no stand, have no expertise, just posting someone's sober response so it'll be seen here.)
I think most people don't understand what it means that this is a design patent - it's not the same thing as a "regular" patent (a utility patent). Design patents allow a company to get an exclusive right to the form of a functional object so that a 3rd party can't make a different device with identical appearance (well, not legally at least). Almost every company that puts the time into making a distinctive shape for their devices gets one: Microsoft has one for the Xbox, George Lucas got one for Yoda etc.
Design patents are extremely narrow - you have to do your level best to copy them exactly in order to be found in infringement. Plus, they specifically cannot cover functionality - that has to be covered by a utility patent, if it's going to be protected. This design patent only protects a "portable display device" (that's the wording in the Patent itself), and only one with those specific design elements that are shown in the Patent Figures.
I'd be shocked if Apple hadn't applied for design patents for all of its devices. This really isn't an issue."
http://arstechnica.com/apple/2012/11/apple-awarded-design-patent-for-actual-rounded-rectangle/?comments=1&post=23471953#comment-23471953 http://arstechnica.com/apple/2012/11/apple-awarded-design-pa...
- nicholassmith 14y agoIts just easier for people to go "Apple got a design patent for a ROUNDED RECT?!" rather than understand the actual situation. Design patents aren't all that bad compared to some of the more ridiculous ones that get thrown out, and if you're making hardware or something with a unique design they're useful.
- numbchuckskills 14y agocheck out figure 4: http://patimg2.uspto.gov/.piw?docid=D0670286&PageNum=13&IDKey=A073B1C95087&HomeUrl=http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2%2526Sect2=HITOFF%2526p=1%2526u=%25252Fnetahtml%25252FPTO%25252Fsearch-bool.html%2526r=1%2526f=G%2526l=50%2526co1=AND%2526d=PTXT%2526s1=D670,286%2526OS=D670,286%2526RS=D670,286 http://patimg2.uspto.gov/.piw?docid=D0670286&PageNum=13&...
- Natsu 14y ago> This design patent only protects a "portable display device" (that's the wording in the Patent itself), and only one with those specific design elements that are shown in the Patent Figures. The article also states, "The only unbroken line in all the figures is the outline of the flat, rounded rectangular front face of the device. All the other identifiable features, such as the speaker grille, round home button, display size, Dock connector, or even its curved back, are not covered by this design patent." So the problem is what design elements are shown, exactly, in this highly-minimalist design? I see a rectangle with rounded corners and a black border with a camera in the top center. I'm not quite sure about the camera, though, it's so small I can't see if there are dashed lines or not, so it might or might not be claimed, but there are only so many sensible places to put a camera--you'd naturally put it in the middle of one side or another and if you expect it to take pictures of people, the short side is the only reasonable side. We've previously mentioned that the rounded corners are not quite purely ornamental--they help keep the device from breaking when it's dropped on the corner. So that leaves us with what, just a black border? And even that has some arguable utility because you want a neutral color so as not to clash with whatever is on screen. So... what are we patenting here again?
- incision 14y ago>Almost every company that puts the time into making a distinctive shape for their devices gets one: Microsoft has one for the Xbox, George Lucas got one for Yoda etc. Design patents are extremely narrow - you have to do your level best to copy them exactly in order to be found in infringement. I'd say a rounded rectangle isn't narrow at all. Consider one of the examples given, the XBOX. The XBOX design patent found here [1] contains far more in the way of specific, distinguishing features than the rounded rectangle [2] Apple is claiming. Microsoft would have to be awarded a design patent for a "roughly square electronic housing" to equal the absurdity. 1: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&co1=AND&d=PTXT&s1=D452,282&OS=D452,282&RS=D452,282 http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sec... 2: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&co1=AND&d=PTXT&s1=D670,286&OS=D670,286&RS=D670,286 http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sec...
- esolyt 14y agoNot only a rounded rectangle isn't narrow enough, but it is also an obvious shape for a tablet.
- grecy 14y ago> it is also an obvious shape for a tablet. Only n the same way a coke bottle is an obvious shape for a soda bottle, and a BMW is an obvious shape for a car. Hindsight is 20/20.
- trhtrsh 14y agoIt's a rounded rectangle. Let's take our time machine back to 1981: http://folklore.org/StoryView.py?project=Macintosh&story=Round_Rects_Are_Everywhere.txt http://folklore.org/StoryView.py?project=Macintosh&story... """ Steve suddenly got more intense. "Rectangles with rounded corners are everywhere! Just look around this room!". And sure enough, there were lots of them, like the whiteboard and some of the desks and tables. Then he pointed out the window. "And look outside, there's even more, practically everywhere you look!". He even persuaded Bill to take a quick walk around the block with him, pointing out every rectangle with rounded corners that he could find. """