Apple's iPod Interface Patent in Jeopardy 333
Gadget Guy writes "Apple has been denied on their quest to patent the iPod software interface. According to AppleInsider - 'Standing in Apple's way appears to be a prior filing by inventor John Platt, who submitted a patent application for a similar software design for a portable device in May of 2002 - just five months before Robbin submitted his claims on behalf of Apple.'" The Register also helps to shed a little additional light on the subject.
I'll take... (Score:3, Funny)
Re:I'll take... (Score:3, Informative)
Royalties? (Score:2, Interesting)
Nothing will happen (Score:5, Interesting)
Re:Nothing will happen (Score:5, Informative)
That's exactly what Platt did:
So, it's obvious that the Patent Office is looking at applications and not just stamping them through w/o checking a simple search first... So we get pissed off when they don't search and we get pissed off when they do?
You can't have it both ways.
Re:Nothing will happen (Score:5, Funny)
Re:Nothing will happen (Score:5, Funny)
Re:Nothing will happen (Score:2)
Re:Nothing will happen (Score:3, Insightful)
Re:Nothing will happen (Score:3, Insightful)
So the ipod is a collection of old ideas put together into a new one... why is this news? Just about every invention in history has done that. Doesn't make the ipod any less successful.
Oh wait, this is slashdot... Apple didn't get granted a patent. The sky is falling.
Re:Nothing will happen (Score:3, Interesting)
Re:Nothing will happen (Score:2)
Re:Nothing will happen (Score:5, Insightful)
The Patent Office apparently has it both ways. I think most people here would be happy with them if they just did the job they were tasked with and showed due diligence.
So, it's obvious that the Patent Office is looking at applications and not just stamping them through w/o checking a simple search first..
Just because some patents appear subject to due scrutiny doesn't imply all of them are (or that they are subject to all the appropriate scrutiny).
So we get pissed off when they don't search and we get pissed off when they do?
I think most people here are primarily getting pissed off when they don't uphold their own guidlines (which they do not appear to follow consistently).
If they can't perform the public service that is the reason for their existence, they should be reformed or done away with. They should not be allowed to simply rubber stamp patents when they are supposed to be investigating them properly and for that matter they should not be granting patents for things that are 'patently' trivial or otherwise in conflict with the established regulations.
Other than those who actually object to these patents on principle, I don't think most
Re:Nothing will happen (Score:3, Insightful)
Re:Nothing will happen (Score:2, Funny)
Unfortunately, someone else patented it.
Re:Nothing will happen (Score:5, Informative)
In order to control expenses at the PTO, and to prevent examiners from spending all their time with the more "tenacious" applicants, the PTO suggests that a second rejection typically be deemed "Final." All this really means is that you can file a "continuation" application, with a new filing fee to effectively buy more hours of the examiner's time.
While it is often annoying to clients, at least it tries to allocate costs to those people using the most resources.
Re:Nothing will happen (Score:2, Informative)
does ANYONE deserve a 20 YEAR monopoly on ipod-like devices? No.
Does anyone deserve a monopoly that long be it a software patent or copyright? The Sonny Bono Copyright Term Extension Act of 1998 extended copyright terms in the United States by 20 years.
As a consequence of the act, under current law, no copyrighted works will enter into the public domain in the United States until January 1, 2019 at the earliest, when the copyright on works created in 1923 would expire. [wikipedia.org]
It just about making money!
Re:Nothing will happen (Score:3, Interesting)
The only patent suits filed by Microsoft are countersuits.
Good (Score:5, Insightful)
Full-disclosure: I own an iPod, a PowerMac G5, and a 17" PowerBook. I love OS X. I occasionally drink the special Kool-Aid while sitting in range of the reality distortion field.
Re:Good (Score:4, Insightful)
Care to explain that?
By the way, there have been far dumber/worse patent snafus reported here. If they didn't expose said stupidity, what makes you think this rather benign instance will?
Comment removed (Score:5, Insightful)
Re:Good (Score:5, Informative)
Hence, the lump of plastic and metal that is the iPod becomes a portable music player while it is running its software. You seem to have a problem with that. Yet if I invent a portable music player that somehow does it all in hardware, you're presumeably OK with that.
Why should the inventor who chooses to make his life easier by using software to make a portable music player not receive the same protections as the all-hardware inventor? From the end-user's point of view, it's a portable music player: s/he doesn't care how it's implemented.
Why? You mean if there were tens of millions of hardware developers out there then portable music players implemented solely using hardware shouldn't be patentable? The number of people in the field is irrelevant. Of course you are. When and how you allow the world to use it is entirely seperate from the act of its creation. Anyway, the above would seem to apply equally to all patents. So then you presumeably don't want any patents on anything whatsoever. That's precisely what a patent is for. If you want to invent something and let nobody use it, that's entirely your right. It's financially stupid of you, but you can do it. The smart thing to do is to license your patent to make money to recoup the time/money you invested on inventing in the first place.Now if you're some guy who doesn't want to spend the money to pay for the license, well then you're free to invent something new and better, and, if you're so philanthropic, give it away for free (but you'd be a fool to do so).
And how is this specific to software? Why couldn't this have been about two guys in different labs who invented some hardware device? The fact that it's software is irrelevant. A double-standard should not exist.As for this case, yes, it's seems unfair (but the unfairness has got nothing to do with the fact that it's software). Perhaps there could be something like a "co-patent" if it can be proven that two seperate, clean-room inventions were done. But that's far to problematic and lawyers would have a field day. Just like it's far simpler to say the legal drinking age is 21, it's far simpler to say he who files first, gets the patent.
Re:Good (Score:3, Insightful)
I don't know that he ever says he is ok with that. I'm certainly not. I see no reason why any lump of plastic and wires that plays music should be patentable, regardless of whether it's functionality is implemented in hardware or software.
I am not really agains the idea of software patents in theory, but I am very much against them in practice because I can't
Re:Good (Score:3, Informative)
By that reason, nothing at all should be patentable, i.e., patents shouldn't exist for anything. That argument isn't even worthy of discussion.
The ones that make sense don't make the news.
Re:Good (Score:3, Insightful)
If you come up with a new algorithm that sorts video files by programmatically analyzing the video and using a calculated height of the people in the video as your sort variable... you know what? That's pretty cool and pretty complicated. I agree, you ought to be able to get a patent.
But I don't think you ought to be allowed to patent a graphical button which commands the computer to sort in either an ascending or descending fashion.
Similarly s
Re:Good (Score:3, Insightful)
Well, you can take the pragmatic viewpoint that patents tend to stifle innovation in software, and anti-competitive and demonstrably unnecessary for purposes of turning a profit. On the other hand I've yet to see a decent argument as to why software should be patentable.
So given that swopats have bad effe
iPod interface almost = to iTunes interface (Score:3, Interesting)
Correct me if I'm wrong, but isn't the iPod interface just a refined and slightly extended version of the iTunes interface? It seems to me that Apple purposely designed the iPod interface to resemble iTunes so users would have a seamless user experience when going between the two interfaces. Apple released iTunes sometime in 1999 so it's likely that both patent applications were inspired by iTunes. Is implementing an existing interface on a
Re:Good (Score:3, Insightful)
Well, because your software interface is already protected by copright and you have no inalienable right to any further monopoly on the idea. In any event you don't need the patent to make money from your knobs so there's no
Re:Good (Score:2)
Re:Good (Score:4, Insightful)
Re:Good (Score:3, Insightful)
Intellectual Property (Score:4, Insightful)
Two people with their own intellectual prowess create the same idea. Yet, the person that manages to get to the patent office first gets the patent. Which means that, in this case, ownership has nothing to do with the original creation of intellectual property.
Re:Intellectual Property (Score:5, Informative)
Re:Intellectual Property (Score:2)
Re:Intellectual Property (Score:5, Informative)
The iPod shipped October 23, 2001. This other patent was filed May 2002.
Did this other guy publish prior to the iPod shipping?
Re:Intellectual Property (Score:2)
Re:Intellectual Property (Score:2)
Re:Intellectual Property (Score:5, Insightful)
Should not all fevered speculation over this issue cease due to the salient fact of the parent post, of which many of us were quite aware? The iPod itself, which has remained essentially consistent in interface from day one, serves as prior art. It is not as if anyone can contest the iPod's date of market origin. So where's the beef?
Re:Intellectual Property (Score:2)
Whether the first person might eventually patent his idea is irrelevant to my point.
Mea culpa (Score:2)
Re:Intellectual Property (Score:2)
again, 35 USC 102(a) and (b):
102. Conditions for patentability; novelty and loss of right to patent
A person shall be entitled to a patent unless--
(a)
the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or
(b)
the invention was patented or described in a printed publication in th
Re:Intellectual Property (Score:2)
Not exactly (Score:4, Informative)
Re:Not exactly (Score:2)
Re:Not exactly (Score:2)
35 CFR 102(b):
A person shall be entitled to a patent unless--
the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States, or
Re:Intellectual Property (Score:3, Insightful)
Re:Intellectual Property (Score:5, Informative)
The moral here is, if you're working on something cool, soemthing that you might want to patent, write it down. Even a diagram or sketch can help you if it's dated.
Re:Intellectual Property (Score:2, Insightful)
Re:Intellectual Property (Score:2)
Nearly EVERY important invention you use today was thought up nearly simultaneously by more than one person. It is VERY rare to have an idea that nobody else isn't also having.
Re:Intellectual Property (Score:2, Interesting)
What are the merits of a patent in this case? (Score:2, Interesting)
They have: DRM, Large music base, their own portable MP3 player that's compatible.
Are they worried about people confusing Yahoo's or Mircrosoft's offerings with iTunes?
my comparison (Score:2, Insightful)
I seem to keep comparing this to a thing like Walls patenting the IDEA of ice cream, and Hagen das then going and making lovely ice cream, much better than Wall's. In my view, hagen das have the better product, they should not be penalised. It is consumers which decide who gets rich, not bloody patents - which seems to be the craze now.
An odd view, but somone must agree with me!
Re:What are the merits of a patent in this case? (Score:2)
No. They're worried that they might lose a few cents to someone else in a market they believe God has granted to them alone.
big deal (Score:2)
Re:big deal (Score:2)
In this case you're wrong... nobody said that the interface wasn't patented, just that APPLE couldn't patent it. It's fully possible that the guy that filed the patent 5 months previously could wave that around a bit.
MadCow.
It would be humorous to note... (Score:5, Funny)
http://research.microsoft.com/~jplatt/ [microsoft.com]
Re:It would be humorous to note... (Score:2)
Prior Art (surely in the Top 10 /. subject lines?) (Score:3, Insightful)
Re:Prior Art (surely in the Top 10 /. subject line (Score:2)
In other words, the whole thing should be thrown out under the "non-obvious" clause.
Re:Prior Art (surely in the Top 10 /. subject line (Score:2)
Did Sony not patent the scroll wheel on the Clie? Has Sony not used this on cell phones, too? Those devices were introduced in the 90s, not 2002 as Microsoft's prior art patent claims.
Re:Prior Art (surely in the Top 10 /. subject line (Score:4, Insightful)
Re:Prior Art (surely in the Top 10 /. subject line (Score:2)
Wrong link for the patent (Score:5, Informative)
Obviousness (Score:3, Interesting)
It would be nice if two people patenting the same thing at roughly the same time could be used as a test to indicate that neither patent is valid and both are obvious.
...but that would make sense.
Re:Obviousness (Score:4, Insightful)
Re:Obviousness (Score:3, Informative)
wow this is new (Score:5, Funny)
Hold on just a damn second.... (Score:2, Funny)
Holy crap! This is unprecidented!
Re:Hold on just a damn second.... (Score:2)
Parent is funny, but its quite true... (Score:4, Informative)
Re:Hold on just a damn second.... (Score:2)
Re:Hold on just a damn second.... (Score:2)
2 points (Score:5, Insightful)
1. John Platt is officially "Manager of the Knowledge Tools Group at Microsoft Research." Which would be very bad for Apple, except that...
2. This isn't a final rejection, and certainly isn't as serious as the AppleInsider article makes it sound. Read the article on the Register for more info (I know this is
Re:2 points (Score:2)
But Platt's playlist application also has a rejection history. It received an NFR on 17 November 2002, and a more serious Final Rejection on 14 June 2004. After further documentation was received, and extension granted, the application received another NFR on 11 December last year.
I don't know that it jeopardizes Apple in any way, but not only is it actually a final rejection, it's not their first fi
Re:2 points (Score:2, Informative)
Moot.
The rejection of Platt's patent would in no way invalidate it's use as prior art for invalidating a different patent. One of the great things about patent applications, even rejected ones, is that they form a trail of prior art that can be used to invalidate future attempts to patent ideas.
Re:2 points (Score:2)
Now, given that it had more than one final rejection, I'm going to have to spend some time finding out what this new definition of "final" actually is.
Re:2 points - 1 reply (Score:2, Troll)
Are you referring to the Apple logo?
I know you can't be talking about the batteries.
BRING BACK the pPod or pBop or whatever!! (Score:4, Interesting)
The mouse that clicked (Score:2, Insightful)
Inovative? (Score:5, Insightful)
"describes rotating an input device to navigate in a linear fashion through a user interface."
Didn't I do this when using the 'Paddle' on my Atari 2600 two decades ago? Doesn't seem so inventive.
Re:Inovative? (Score:2)
Ridiculous beyond belief (Score:5, Interesting)
Re:Ridiculous beyond belief (Score:2)
They are trying to patent a tuner knob? (Score:5, Insightful)
"describes rotating an input device to navigate in a linear fashion through a user interface" I think the car radio on my Dads 1950 Ford did that. I rotate the knob and it moves the channel indicator in a linear fashion across the "user interface" showing which radio frequency I'm tuning to.
Oh wait, if you put "e", "i", before it or "computer/Network/Internet" after it - something invented 50+ years ago it is suddenly NEW! Welcome to the new iMillenium!
Re:They are trying to patent a tuner knob? (Score:2)
You do have a point. I wish tech companies didn't try to do away with dials and knobs so much, it is easier, faster and more intuitive to just twist a knob than it is to hold down or click a button to move a pointer through a sliding scale. If this weren't true, we wouldn't be using mice instead of the keyboard's arrow keys.
This is one reason why "control surfaces" are necessary for serious digital media production, they have doz
tempest in a teapot (Score:4, Insightful)
What's actually happening seems to be a fairly normal, even boring, patent registration process for a couple of ideas that look vaguely similar if you want to write a click-whoring article about them. It hardly counts as putting the iPod interface in 'jeopardy'.
Won't someone think of the corporations?! (Score:4, Funny)
How will Apple ever make money on the iPod without patent protection?
Rack and Pinion (Score:2)
2000 (Score:3, Funny)
I'll take Patents Gone Wild for $2000, Alex.
Hush now (Score:2)
My two pence worth. (Score:2)
- There are plenty of examples or rotary dials controlling linear scales. My old walkman had one as do most older radios.
Turn the wheel clockwise the line on scale goes up.
Turn it anticlockwise the line on the scale goes down.
How on earth is this new?
I'm sorry but much as I like apple this really isn't anything new.
Very Badly Titled (Score:5, Informative)
This is very badly titled. They don't have this patent yet. It's their application that's in possible jeopardy.
Patent Pursuit: The board game (Score:5, Funny)
Tagline: "patent or be sued!"
Object: Patent everything you can and profit from the work of others.
Method of play:
-Everybody starts with venture capital of $100,000.
-As you go around the board you collect cash (via sales cards), Patents (via patents cards) that you can buy if you want, and inventions (via inventions cards).
-sales cards: gives you the option to sell a product if you have the invention card for it.
-patents cards: You buy them If you want for $100. Any patents not bought are put into the "Public domain" pile. A player can only hold a patent card for up to 10 turns, after which they go the the "Public domain" pile. After you pay, you must spin the "Patent Pending" wheel. (NFR - Final Rejection - Approuved) Each time you do not get "Approuved" you pay a additional $100 and spin again. If you are broke or don't want to spin, the Patent card goes to the "Public domain" pile.
-invention cards: Are free when you land on the square on the board. If the "invention" is already patented by another player, that other player CAN sue for the cost of the patent. The patent owner can also not reveal that he/she hold that patent cards for up to 10 turns. The player with the patent card can, at the time of his choosing, sue the player with the Invention card for twice the "Sales" that player has received.
Note#1: If a patent card is bought and another player already has the "Invention card", each place $10000 in a pile and each spin their own USPTO wheel (Patent Wins - Invention wins -settlement). Both wheels must match. If not, each player adds another $5000 to the pile, and spin again. This can continue until one or both players run out of money. If Settlement is the outcome, the pot is split between players.
Note#2: On a whim a player can sue another player for "patent infringement". Same rules as Note #1. (Notice that no cards are used. Like in real life, the player who has the most money is likely to win)
Final Rejection
Patent pending, copyrighted, "Patent Pursuit" is a registed trade mark of denis-The-menace of Slashdot.
I'm confused... (Score:2)
My head is gonna asplode.
I've had this great idea for a way to stifle... (Score:4, Insightful)
nuff with the patents (Score:3, Funny)
Ha Ha Guy (Score:3, Funny)
Apple? Buy a patent from Microsoft? (Score:2)
-everphilski-
Re:In Jeopardy? (Score:2)
If someone else gets a patent on the iPod user interface, isn't that a perfect example of why software patents are a problem?
Re:There is Prior Art (Score:2)
It looks really quite similar to the ipod wheel.
But it looks as though sony changed the design for its laptops.
The jog dial is now a cylinder, with an access of rotation parallel (rather [ixbt.com]