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my first reaction to this was "bah, software patents. I love living in the EU." But, this got me thinking - it a patent about something like a touch interface

my first reaction to this was "bah, software patents. I love living in the EU." But, this got me thinking - it a patent about something like a touch interface (intrinsically linked to hardware, but where software is required) software or not? This also works for double clicks, key repeat delay, and stuff like joysticks. Once you've invented the mouse, can you then patent every way of clicking and shaking? similarly, following the touchscreen, can we then patent every conceivable way to tap/swipe/pinch it? I want to say "no, all these patents are obvious and dumb," but the "software is mathematics" mantra really doesn't hold for these kind of fluffy, hands-on concepts. hmm.

mtgx 13y ago
Being able to use more than one finger is what's based on hardware (for which Apple wouldn't have the patent anyway - the panel maker would). The contraction and expanding action is based on software.
- zimpenfish 13y ago
  Don't Apple own the multitouch technology though? Presumably through their purchase of Fingerworks.
aylons 13y ago
The point is that the most heinous software patents are actually patents on abstracts concepts and uses. Things like patenting "One click purchase" and "Detect phone numbers on an email". This is such an example.
dangoldin 13y ago
Even living in the EU you suffer from the patent patent systems around the world since it will influence the way companies develop/charge for products - especially if it's in a major market such as the US. The cost of dealing with patents is just incorporated into the cost of the final product so we all suffer.
mcintyre1994 13y ago
Software patents are not entirely avoided in the EU, just to be clear. Quoting a little from an essay I had to write, although “programs for computers” are excluded by Article 52 of the European Patent Convention (1963), inventions that include an inventive step and solve a technical problem by the utilisation of a computer program have been upheld on appeal, for example in the case of Microsoft Corporation (data transfer with expanded clipboard features. T 0469/03 - 3.5.01, http://www.epo.org/law-practice/case-law-appeals/recent/t030469eu1.html http://www.epo.org/law-practice/case-law-appeals/recent/t030...) They might tell us that computer programs can't be patented, but their courts say otherwise - including states involved in the upcoming European Patent (for those unaware, currently EU states choose which European Patent Office patents to accept, the European Patent will synchronise all states except Spain and Italy). Actually the situation in Europe is quite similar to America - software isn't part of their patent legislation literature either; but such patents have been upheld repeatedly.
- tehwalrus 13y ago
  thank you for the clarification - I didn't know the detail of the situation!
laureny 13y ago
> my first reaction to this was "bah, software patents. I love living in the EU." Your second reaction should have been "Oh wait, we have software patents as well in the EU."

mtgx 13y ago

Being able to use more than one finger is what's based on hardware (for which Apple wouldn't have the patent anyway - the panel maker would). The contraction and expanding action is based on software.

zimpenfish 13y ago
Don't Apple own the multitouch technology though? Presumably through their purchase of Fingerworks.

aylons 13y ago

The point is that the most heinous software patents are actually patents on abstracts concepts and uses. Things like patenting "One click purchase" and "Detect phone numbers on an email". This is such an example.

dangoldin 13y ago

Even living in the EU you suffer from the patent patent systems around the world since it will influence the way companies develop/charge for products - especially if it's in a major market such as the US. The cost of dealing with patents is just incorporated into the cost of the final product so we all suffer.

mcintyre1994 13y ago

Software patents are not entirely avoided in the EU, just to be clear. Quoting a little from an essay I had to write, although “programs for computers” are excluded by Article 52 of the European Patent Convention (1963), inventions that include an inventive step and solve a technical problem by the utilisation of a computer program have been upheld on appeal, for example in the case of Microsoft Corporation (data transfer with expanded clipboard features. T 0469/03 - 3.5.01, http://www.epo.org/law-practice/case-law-appeals/recent/t030469eu1.html http://www.epo.org/law-practice/case-law-appeals/recent/t030...) They might tell us that computer programs can't be patented, but their courts say otherwise - including states involved in the upcoming European Patent (for those unaware, currently EU states choose which European Patent Office patents to accept, the European Patent will synchronise all states except Spain and Italy). Actually the situation in Europe is quite similar to America - software isn't part of their patent legislation literature either; but such patents have been upheld repeatedly.

tehwalrus 13y ago
thank you for the clarification - I didn't know the detail of the situation!

laureny 13y ago

> my first reaction to this was "bah, software patents. I love living in the EU." Your second reaction should have been "Oh wait, we have software patents as well in the EU."