MobileRead Forums - View Single Post - Apple v Samsung: Can Look and Feel Be Patented?

fjtorres · 08-02-2012, 06:36 PM

There are two aspects to the fight: the shape of the phone/tablet and the look and feel of the interface. The rounded rectangle by itself is going to be very hard for Apple to defend. Even the GUI by itself would be a tough sell. But Apple is combining both arguing that by developing a product that had the same shape *and* a very similar interface crosses a line.
That... might not be quite as hard.

What I find interesting is that Apple not only patented functional aspects of the hardware and the software (common) via utility patents, but they also patented the appearance of their devices via design patents (not common, possibly a stretch to apply it to electronics).

http://www.intellectualpropertylawfi...tent-types.htm

http://www.intellectualpropertylawfi...design-patents

Does anybody know if the likes of Bang-Olufsen and Ferrari *patent* their design aesthetics? Because *their* designs are unique/distinctive enough that a design patent makes plenty of sense. If they haven't, they should rush out and do it.

Apple may or not have innovated in designing the iPxxx line but it looks like they are innovating in the IP protection field:

http://gigaom.com/2012/08/01/ilegal-...-protect-them/

08-02-2012, 06:36 PM	#17
fjtorres Grand Sorcerer Posts: 11,732 Karma: 128354696 Join Date: May 2009 Location: 26 kly from Sgr A* Device: T100TA,PW2,PRS-T1,KT,FireHD 8.9,K2, PB360,BeBook One,Axim51v,TC1000	There are two aspects to the fight: the shape of the phone/tablet and the look and feel of the interface. The rounded rectangle by itself is going to be very hard for Apple to defend. Even the GUI by itself would be a tough sell. But Apple is combining both arguing that by developing a product that had the same shape and a very similar interface crosses a line. That... might not be quite as hard. What I find interesting is that Apple not only patented functional aspects of the hardware and the software (common) via utility patents, but they also patented the appearance of their devices via design patents (not common, possibly a stretch to apply it to electronics). http://www.intellectualpropertylawfi...tent-types.htm http://www.intellectualpropertylawfi...design-patents Does anybody know if the likes of Bang-Olufsen and Ferrari patent their design aesthetics? Because their designs are unique/distinctive enough that a design patent makes plenty of sense. If they haven't, they should rush out and do it. Apple may or not have innovated in designing the iPxxx line but it looks like they are innovating in the IP protection field: http://gigaom.com/2012/08/01/ilegal-...-protect-them/