Some critics see the patent as being so broad as to stifle innovation
When Steve Jobs unveiled the original iPhone at Macworld Expo 2007, he lauded its multitouch interface. "And boy, have we patented it," he added. It seems that now, four and a half years after Jobs declared the iPhone's innovations worth protecting, that the United States Patent and Trademark Office has agreed.
On Tuesday, Apple was awarded U.S. Patent 7,966,578, for a "Portable multifunction device, method, and graphical user interface for translating displayed content." In other words, Apple received a patent on the basic behaviors of the iPhone.
The patent application was first filed back on December 19, 2007. In its patent-ese, the application laid out a description of the iPhone's general function, with an emphasis on its multitouch interface:
An N-finger translation gesture is detected on or near the touch screen display. In response, the page content, including the displayed portion of the frame content and the other content of the page, is translated to display a new portion of page content on the touch screen display. An M-finger translation gesture is detected on or near the touch screen display, where M is a different number than N. In response, the frame content is translated to display a new portion of frame content on the touch screen display, without translating the other content of the page.
There's no denying that Apple revolutionized the smartphone industry with the launch of the first iPhone. There's similarly no denying that the iPhone's interface spawned a slew of competitors who, shall we say, seemed to pay the iPhone the sincerest form of flattery. What might Apple's newly-awarded patent mean for the Android and Windows 7 smartphones of the world?
Via an email to Macworld, patent expert Florian Muller -- a vocal critic of software patents -- described Patent 7,966,578 to as "excessively broad." Though Muller acknowledged "that Apple is a truly innovative company," he suggested that Apple--like other large companies--"understand[s] the name of the patent game," and thus aimed for a broader patent that could theoretically give it more legal muscle to exert over potential competitors.
"Unless this patent is invalidated or at least narrowed, it will be a potential impediment to innovation until December 2027," Muller said. "I don't see any innovative achievement disclosed in that patent document that would justify a monopoly of that breadth and duration. Apple could use it in various ways throughout that period, including some that would be highly undesirable."
The "highly undesirable" action to which Muller alludes is that, armed with its new patent, Apple now has new legal means by which to go after its rivals in the smartphone market. Apple could, in theory, demand high patent licensing fees from Google, Microsoft, and other multitouch mobile OS developers -- or seek to prevent the sale of infringing devices in the U.S.
When Steve Jobs unveiled the original iPhone at Macworld Expo 2007, he lauded its multitouch interface. "And boy, have we patented it," he added. It seems that now, four and a half years after Jobs declared the iPhone's innovations worth protecting, that the United States Patent and Trademark Office has agreed.
On Tuesday, Apple was awarded U.S. Patent 7,966,578, for a "Portable multifunction device, method, and graphical user interface for translating displayed content." In other words, Apple received a patent on the basic behaviors of the iPhone.
The patent application was first filed back on December 19, 2007. In its patent-ese, the application laid out a description of the iPhone's general function, with an emphasis on its multitouch interface:
An N-finger translation gesture is detected on or near the touch screen display. In response, the page content, including the displayed portion of the frame content and the other content of the page, is translated to display a new portion of page content on the touch screen display. An M-finger translation gesture is detected on or near the touch screen display, where M is a different number than N. In response, the frame content is translated to display a new portion of frame content on the touch screen display, without translating the other content of the page.
There's no denying that Apple revolutionized the smartphone industry with the launch of the first iPhone. There's similarly no denying that the iPhone's interface spawned a slew of competitors who, shall we say, seemed to pay the iPhone the sincerest form of flattery. What might Apple's newly-awarded patent mean for the Android and Windows 7 smartphones of the world?
Via an email to Macworld, patent expert Florian Muller -- a vocal critic of software patents -- described Patent 7,966,578 to as "excessively broad." Though Muller acknowledged "that Apple is a truly innovative company," he suggested that Apple--like other large companies--"understand[s] the name of the patent game," and thus aimed for a broader patent that could theoretically give it more legal muscle to exert over potential competitors.
"Unless this patent is invalidated or at least narrowed, it will be a potential impediment to innovation until December 2027," Muller said. "I don't see any innovative achievement disclosed in that patent document that would justify a monopoly of that breadth and duration. Apple could use it in various ways throughout that period, including some that would be highly undesirable."
The "highly undesirable" action to which Muller alludes is that, armed with its new patent, Apple now has new legal means by which to go after its rivals in the smartphone market. Apple could, in theory, demand high patent licensing fees from Google, Microsoft, and other multitouch mobile OS developers -- or seek to prevent the sale of infringing devices in the U.S.
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