Man, I am so sick of these endless patent-related legal actions both originating from, and going against, Apple. I don't know the details of this particular one, but the vast majority of them seem to center around thiings that seem like they shouldn't be patent-able.
So you think anyone should be able to copy Coke's bottle?
Yes. It's just a bottle. It's not an invention. As long as it doesn't have the words Coke on it so nobody could mistake it for a bottle of coke then I don't see the problem.
Patents have 2 purposes: to protect an invention and/or to stop fake products (like a fake iPhone in China or shirts with the Nike logo that are knock offs).
This patent just about sums up everything that is wrong with the current patent system. Apple have not invented anything here they have just created a variation of a standard laptop design. Absolutely ridiculous. No wonder the courts are throwing out Apples lawsuits left right and centre for such frivolous assertions.
Just curious when Apple sued another PC maker for ripping off the MacBook Air?
Just curious when Apple sued another PC maker for ripping off the MacBook Air?
This is the problem. Everyone seems to think that you can patent a nice design. You can't. If you invent something like the iPod click wheel you can patent that.
If you design something completely new, a new product never seen before you can patent that.
But if you take a standard laptop and modify it's styling to give it a wedge/teardrop design what have you invented? Nothing - you have merely modified an existing design (the laptop) in the same way that Samsung has it's own styling and HP, etc.
You can probably patent some of the components within the design if they are genuinely new such as a new composite material like liquid metal or the technology contained in the product such as Thunderbolt.
Fundamentally every laptop looks like every other laptop. Just like every tablet looks like ever other tablet. It's their natural form. There is no other way they can look. The only difference is the styling.
I'm sure Apple has sent the manufacturers letters stating they need to pay up. When/if we hear about legal action as a results of this patent that's because they failed to reach an agreement on royalties.
First of all, this patent doesn't cover a wedge. The patent covers the design of the screen casing. FYI, dotted lines in a design application do not form part of the claim. The only thing being claimed here is the solid lines, which is the design of the screen casing.
Thanks, I totally missed that. That puts this in a substantially different perspective. I didn't see how a wedge shaped design wasn't just a natural design evolution of fitting form to function, but I can clearly see the distinctive design of the screen casing is unique and new.
The design is too broad and the patent will likely get invalidated. The reason the teardrop shape exists for ultrabooks is because of the ports in the rear. Also, prior art appears to exist.
1) I'm astonished Apple hasn't tried to stop them yet from ripping off their ideas.
2) Can't wait to read to the weak arguments about how Apple didn't invent the wedge or the teardrop.
Most of those arguments bring up the Vaio. I don't really see the similarity to the Air. And I'm not aware of Apple ever claiming they invented the wedge shaped laptop.
This is the problem. Everyone seems to think that you can patent a nice design. You can't. If you invent something like the iPod click wheel you can patent that.
If you design something completely new, a new product never seen before you can patent that.
But if you take a standard laptop and modify it's styling to give it a wedge/teardrop design what have you invented? Nothing - you have merely modified an existing design (the laptop) in the same way that Samsung has it's own styling and HP, etc.
You can probably patent some of the components within the design if they are genuinely new such as a new composite material like liquid metal or the technology contained in the product such as Thunderbolt.
And yet, as JeffDM astutely pointed out, Coca-Cola has a design patent on their glass and plastic bottles that do the exact same things as glass and plastic bottles before it.
I think mother nature would have something the say about that.
You can't patent a generic shape or design.
Where do you have evidence that these patents are for a generic shape? And I'll ask agin, when did Apple ever claim they invented the wedge shape laptop? If any of these patents are related to unibody engineering then I can see their use. What other laptop manufacturer is using the unibody cnc manufacturing process in the build of their notebooks?
Most of those arguments bring up the Vaio. I don't really see the similarity to the Air. And I'm not aware of Apple ever claiming they invented the wedge shaped laptop.
That's certainly tapered but there have been tapering in notebooks for as long as I've been in technology. They used to be so much thicker than the front was often thinner to make it more useable. The teardrop design of the MBA, which is really only possible because of the unibody design does seem to have first appeared with Apple.
This is the problem. Everyone seems to think that you can patent a nice design. You can't. If you invent something like the iPod click wheel you can patent that.
If you design something completely new, a new product never seen before you can patent that.
But if you take a standard laptop and modify it's styling to give it a wedge/teardrop design what have you invented? Nothing - you have merely modified an existing design (the laptop) in the same way that Samsung has it's own styling and HP, etc.
You can probably patent some of the components within the design if they are genuinely new such as a new composite material like liquid metal or the technology contained in the product such as Thunderbolt.
Apparently this patent is specifically related to the screen casing. So no, the patent office isn't issuing patents to apple for pretty designs.
Most of those arguments bring up the Vaio. I don't really see the similarity to the Air. And I'm not aware of Apple ever claiming they invented the wedge shaped laptop.
Comments
Man, I am so sick of these endless patent-related legal actions both originating from, and going against, Apple. I don't know the details of this particular one, but the vast majority of them seem to center around thiings that seem like they shouldn't be patent-able.
Quote:
Originally Posted by Robin Huber
So you think anyone should be able to copy Coke's bottle?
Yes. It's just a bottle. It's not an invention. As long as it doesn't have the words Coke on it so nobody could mistake it for a bottle of coke then I don't see the problem.
Patents have 2 purposes: to protect an invention and/or to stop fake products (like a fake iPhone in China or shirts with the Nike logo that are knock offs).
Quote:
Originally Posted by SolipsismX
1) I'm astonished Apple hasn't tried to stop them yet from ripping off their ideas.
2) Can't wait to read to the weak arguments about how Apple didn't invent the wedge or the teardrop.
Apple invented the wedge and the teardrop?
I think mother nature would have something the say about that.
You can't patent a generic shape or design.
Quote:
Originally Posted by Shaun, UK
have never heard of Ford suing GM coz one car looks like another.
You might want to check out http://www.digitaltrends.com/cars/mercedes-destroys-knockoff-300sl-gullwing/ Car manufacturers in fact do sue if others copy their designs.
seems like a clear situation where copyright is more appropriate than a patent
Quote:
Originally Posted by Rogifan
Just curious when Apple sued another PC maker for ripping off the MacBook Air?
This is the problem. Everyone seems to think that you can patent a nice design. You can't. If you invent something like the iPod click wheel you can patent that.
If you design something completely new, a new product never seen before you can patent that.
But if you take a standard laptop and modify it's styling to give it a wedge/teardrop design what have you invented? Nothing - you have merely modified an existing design (the laptop) in the same way that Samsung has it's own styling and HP, etc.
You can probably patent some of the components within the design if they are genuinely new such as a new composite material like liquid metal or the technology contained in the product such as Thunderbolt.
Quote:
Originally Posted by Shaun, UK
Fundamentally every laptop looks like every other laptop. Just like every tablet looks like ever other tablet. It's their natural form. There is no other way they can look. The only difference is the styling.
Laughable.
I'm sure Apple has sent the manufacturers letters stating they need to pay up. When/if we hear about legal action as a results of this patent that's because they failed to reach an agreement on royalties.
Thanks, I totally missed that. That puts this in a substantially different perspective. I didn't see how a wedge shaped design wasn't just a natural design evolution of fitting form to function, but I can clearly see the distinctive design of the screen casing is unique and new.
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/PTO/srchnum.htm&r=1&f=G&l=50&s1=D655,704.PN.&OS=PN/D655,704&RS=PN/D655,704
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=/netahtml/PTO/search-bool.html&r=1&f=G&l=50&co1=AND&d=PTXT&s1=D616880.PN.&OS=PN/D616880&RS=PN/D616880
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=/netahtml/PTO/search-bool.html&r=1&f=G&l=50&co1=AND&d=PTXT&s1=D616881.PN.&OS=PN/D616881&RS=PN/D616881
http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=D642,172
http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=D625,716
http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=D625,717
And this patent application: http://www.google.com/patents?id=cnoNAgAAEBAJ&printsec=abstract&zoom=4#v=onepage&q&f=false
See also: http://www.patentlyapple.com/patently-apple/2012/04/apple-patents-apple-store-structure-oled-driver-macbook-air.html
And yet, as JeffDM astutely pointed out, Coca-Cola has a design patent on their glass and plastic bottles that do the exact same things as glass and plastic bottles before it.
And just to prove to you that you "can patent a nice design" here is proof of a patent of a nice design: http://www.google.com/patents/USD355793?dq=PAT.+D+105529+coke&ei=jFDRT9-aDoWZ2QX_4oG6Dw
That's certainly tapered but there have been tapering in notebooks for as long as I've been in technology. They used to be so much thicker than the front was often thinner to make it more useable. The teardrop design of the MBA, which is really only possible because of the unibody design does seem to have first appeared with Apple.
Quote:
Originally Posted by cycomiko
the coke bottle patent covers a fairly specific design. This apple one appears to be a little broader than that.
It covers a specific type of geometry just like the bottle does. Try again.
Quote:
Originally Posted by Rogifan
Most of those arguments bring up the Vaio. I don't really see the similarity to the Air. And I'm not aware of Apple ever claiming they invented the wedge shaped laptop.
Please actually read the Design Patent: http://www.freepatentsonline.com/D661296.pdf
It specifically cites the Sony VAIO.
"A broad patent issued to Apple on Tuesday for the MacBook Air's distinctive "teardrop" design may cause problems for Ultrabook makers..."
Hmmm...not if Judge Posner gets the case, I'm thinkin'...
It also references the Olidata Altro which seems much closer to something that could have come from Apple.