Apple Gets Design Patent On... Page Turning
from the turn-the-page-on-the-patent-system dept
Nick Bilton, over at the NY Times has highlighted how Apple has been granted a design patent on the electronic representation of turning a page. Bilton leaves out that this is a design patent, which is much more limited. It's more akin to a trademark than a traditional patent -- but... still... The patent in question, D670,713 really does seem to cover exactly what it says in the title: "Display screen or portion thereof with animated graphical user interface."The patent comes with three illustrations to explain how the page-turn algorithm works. In Figure 1, the corner of a page can be seen folding over. In Figure 2, the page is turned a little more. I’ll let you guess what Figure 3 shows.While design patents are a slightly different than other patents, it really is patents like this that get the public to respect the patent system less and less.
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Filed Under: design patents, ebooks, page turn, patents
Companies: apple
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Heck, the illustrations look a lot like Microsoft's animated "file copy" icons to me.
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Not so sure...
This patent can be circumvented simply by using a different code to simulate the same cinditions and instances of the animation.
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Re: Not so sure...
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Re: Re: Not so sure...
With patents (including design patents) now being first-to-file, I'm not sure that prior art can be used as a defense directly. Hopefully, someone can argue that dozens of other people inventing it first is a major sign of non-novelty.
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The exact implementation Apple decide to use will be covered by copyright, that is no-one can write the same characters in the same sequence without infringing. This is how it should be with code.
To allow them to own the idea of turning a page (on a tablet/smartphone/the Internet)is absurd, prior art exists, it's pretty obvious and it's not novel. It only serves as a patent they can use to litigate against their competitors.
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Source: http://www.uspto.gov/patents/resources/types/designapp.jsp#def
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Re: Not so sure...
Your statement would be more correct if you said mathematics rather than physics.
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Re: Not so sure...
The thing is, is Google Play using a simulating page turn. I've been using it the past say, two months. (I'd have been using it longer, but I was previously using Aldiko, which, by-the-way, also has an animation).
In fact, a quick Google search results in an article (linked below) from July 2007 about page-turning effects.
Apple, once again, has patented something that has already been done, and will probably sue someone for it...
http://bookclubs.barnesandnoble.com/t5/NOOK-Color-General-Discussion/Your-Opinions-of-Pag e-Turning-Effects/td-p/1102550
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Re: Not so sure...
This is a Design Patent... a look and feel thing, if you make something yourself that looks the same you could potentially get sued, more importantly what you describe "Apple does a lot of work studying ergonomics and a lot of effort goes into simulating the effect of turning a page manually" is the worst kind of patent: the "Just like that... but on [insert technology here, eg 'a Tablet']".
This is the sort of Patent that should never be allowed, entirely software (and therefore code covered by coyright), emulating something that already exists. There is nothing new here, it is just another useless patent Apple will hope to use to prevent competition.
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Prior Art
Let them be banned from submitting any patents for 5 years or even longer until they learn that stupidity is not an excuse and they must learn what is honest and what is blatant disregard for others actually innovating.
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Re: Prior Art
https://en.wikipedia.org/wiki/Design_patent
http://www.uspto.gov/patents/resources/types/ designapp.jsp
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Also some console and PC games use this effect too.
How did Apple receive a patent like this? Lets give them 'Turn to open' and 'push to start' and 'tap to type' patents while we're at it...
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How on earth can you defend apple patenting an animation of something people have been doing for centuries, and that software has been doing for decades.
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http://www.flashkit.com/movies/launcher.php?url=/imagesvr_ce/flashkit/movies/3D/Pseudo/Realis ti-Triqui-10710/Realisti-Triqui-10710.swf&width=1058&height=794&bg=ffffff
It comes from all the way back in 2005 (though there are many before it). It shows the EXACT method of page turn calculations that Apple is describing. Not something similar, not a pre-recorded visual trick, exactly the same. The fairly basic trigonometry of simulating a page turn by bisecting a triangle and drawing a shader over half of it should not be protected, and if Apple tries to assert this patent anywhere, you can bet I'll be sending this tutorial along with the full source code over to the defending legal team.
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Try it on your computer if your tablet can't run flash.
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Simulated page turning is one of the stupidest ideas ever
This kind of stupid force-fitting UI idioms from the real world to electronics, where it makes absolutely no sense, does nothing but piss me off.
Books are not good UI, they are simply a solution to a problem, using the materials and technology available at their time.
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Re: Simulated page turning is one of the stupidest ideas ever
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Re: Re: Simulated page turning is one of the stupidest ideas ever
Now I'm gonna go wash up--I feel dirty defending Apple.
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Re: Re: Re: Simulated page turning is one of the stupidest ideas ever
If it looks like it than it can be considered to be substantially similar.
This patent should have never ever been awarded it doesn't matter how the code underneath is or how it operates, design patents don't protect utility, it protects appearance.
Anything that has a page turning now is infringing Apple's patent, that is ridiculous.
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Re: Re: Re: Re: Simulated page turning is one of the stupidest ideas ever
Yet you forget that said look and feel has to be programmed uniquely, and that when you patent a code or product, you must have a diagram showing what it does or is programmed to do...in other words, a schematic is required to be on file with the patent.
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Re: Re: Re: Re: Simulated page turning is one of the stupidest ideas ever
All they have to do in court is rebuttal that the code they used was different. Samsung should have done this, but I'm sure other companies will be smarter than that.
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Re: Re: Re: Re: Re: Simulated page turning is one of the stupidest ideas ever
Yeah, just waste millions on lawyers - that will increase your bottom line immensely.
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Re: Re: Re: Simulated page turning is one of the stupidest ideas ever
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derp
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Re: derp
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Re: derp
'Apple has to patent everything because then they can take someone else to court'
FTFY
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lololol
YOU call this original thought that someone really had to sit and think hard at?
Not that there isnt tons a prior art to boot, but this is exactly why in the copyright post about republicans i said your nation is just screwed....its why apple is doomed cause this is all they can come up with cause someone had not actually filed this as a patent when prior examples already existed is the sorry state of your nation.
YOUR BROKE and your looking real swift USA.....
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new patent
pay me now
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Cunning plan
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Re: Cunning plan
That was at a time when very few people knew what goes into "Look and Feel" and Xerox took advantage of that.
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Think of the money I can extort from Mike every time OOTB or AJ post.
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A fun way to test if they are even reading the applications:
One page of complete and utter meaningless management style gibberish, and then on the second page the fun comes up...
'...and by signing off on this application the patent examiner hereby gives blanket permission for anyone at all to show up at their work and beat them with a foam swimming noodle until the stupid stops coming out...'
Follow that up with another page of meaningless gibberish, just to pad it out, wait for them to pass it off as an acceptable patent and then the fun begins.
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Apple Patents Page Turning
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How about this patent on rectangles?
At first glance, it just looks like a patent for their iPad design. But read the last line of the description: "The broken lines in the Figures show portions of the portable display device which form no part of the claimed design."
This means all the broken lines are irrelevant to the patented design. It is only the solid lines that are patented.
Now look again at the figures. Nearly all lines in them are broken. Only a single line is solid: The outline. The solid line, describing what the patent protects, forms a plain geometric rectangle with rounded corners. It is completely devoid of any iPad-specific design features, or any features at all.
It is, truly, a patent on rectangles with rounded corners.
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Re: How about this patent on rectangles?
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Re: How about this patent on rectangles?
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Surprise, surprise, that's exactly what it shows. I can see exactly why they'd want to protect the hard work of their designers from being copied by people who can guess the exact form their "design" will take without having ever seen the patent or any design using it.
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??
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Prior Art / Obvious
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Patents
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Re: Patents
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Patent leather brain
Apple, on the fast track of being the world's most hated company.
"You may fool some of the people all the time etc"
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Re: Patent leather brain
Please cease and desist the use of the phrase, "You may fool some of the people all of the time...", as it is part of a phrase we have patented. Continued use of said phrase, along with iLetters and iPageTurn will lead to legal action.
Thank you for your cooperation.
Sincerely,
Dead Steve Jobs
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