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Apple Files Patent for Translucent Windows

jpkunst writes "John Kheit at Mac Observer reports on US Patent Application No. 20040090467, published on May 13, 2004, in which Apple filed a patent application for 'Graduated visual and manipulative translucency for windows.'" Begin the hunt for prior art! It's a challenge to find a non-Apple translucent window that isn't just a snippet of desktop wallpaper pasted in the background.

17 of 845 comments (clear)

  1. Could this be a preemptive move against MS... by ErnstKompressor · · Score: 4, Interesting

    and the announcement that Longhorn will feature a heavily translucent interface -- Aero Glass?

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  2. Re:Prior art? Easy... by whovian · · Score: 5, Interesting

    Translucency has been around for a while, but Apple is filing for time dependent translucency. E-term had that?

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  3. Everquest by blunte · · Score: 3, Interesting

    I hate to offer this as prior art, but Everquest has had time-dependent transparency for over a year. I personally think it's a pain in the ass, but it works.

    You mouse over a window and it becomes however opaque you want (based on your settings). Then if you move your mouse off the window, after a user-defined period the window becomes as much more transparent as the user has defined. Defaults were something like 100% opaque, then after 5 seconds, 50% transparent.

    There's probably prior prior art, but I don't know based on time.

    There was a tool for Windows called Vitrix or something that would allow the user to easily set transparency, but now I can't find it. And it wasn't time-dependent.

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  4. Re:here's what you're searching for by Fulkkari · · Score: 3, Interesting

    Sounds like a new feature to be included in the next Mac OS X, 10.4 Tiger. Interesting to see what Apple has come up with this time.

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  5. Re:IANAL by akeru · · Score: 3, Interesting

    Nope, even if Apple had translucent windows before anyone else, they would have had to apply for a patent on the technique within 1 year of public release or even that is valid prior art for the current patent. Of course, as another poster said, they aren't simply patenting translucent windows (well, not entirely clause 26 is), but fading out windows over time. One of the comments on that page also pointed out that this is out virtually every On Screen Display menu works. And even that is bloody obvious to someone mildly skilled in the art.
    And "spring loaded folders" I don't know how many times the topic has come up on the nautilus devel list by non-coders who have no idea that such a feature is implemented on the Mac. So not only is that particular patent obvious to a practitioner of the art, but to a complete novice in the art. Stupid USPTO.

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  6. Re:Software patents are evil by roady · · Score: 5, Interesting
    If Apple really did do it first then no one else can patent it anyway (prior art).

    This is not true.

    The proof being that it it was, we wouldn't be looking for prior art in the first place. Don't expect the guys at the patent office to do it correctly.

    That said, it is far easier to get a patent than trying to fight somebody suing you for patent infringement and trying to prove you have prior art.

  7. Re:Software patents are evil by Xhad · · Score: 5, Interesting
    No, that's a mistake a lot of people make. If Apple really did do it first then no one else can patent it anyway (prior art).

    Ideally, that's what's supposed to happen. In the real world, someone might get a patent passed even if they're not legally entitled to it, then force Apple into a litigation battle to prove prior art that will cost them money whether they win or lose...whereas if they get the "defensive" patent, they can simply say, "We patented this too, and we patented it first," which is simpler.

  8. Re:Uh, well by Anonymous Coward · · Score: 3, Interesting

    Well the general idea is that Apple isn't abusing their patents from ten to twenty years ago either, despite almost certainly having the capability to do so.

  9. Re:Uh, well by dhovis · · Score: 5, Interesting

    for example, Aqua skins for other OSes-- they tend to choose to base their legal complaints on means other than patents, other forms of intellectual property.

    Actually, in the case of the Aqua skins, I believe Apple's complaints had to do with copyright and trademark, not patent. In fact, I think the Aqua skins that they C&D'd were ones that actually copied the bitmaps of the elements directly from the files in MacOS X, which is pretty clear copyright infringement. I believe that Apple doesn't care if people try to recreate the Aqua look on their own, they just don't want people copying their files.

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  10. Re:So? That is not what patents are for. by Monx · · Score: 5, Interesting

    I'm not a huge fan of software patents myself. I'm not 100% against them either, though. I just think they need to be better controlled. I don't think that its fair for someone to plunk down the cash (and effort) to do R&D and come up with a great idea only to have some one else rip it off. That's unfair.

    Imagine if you spent a year of your life developing a new task scheduling algorithm. You incurred expenses, etc because you were inventing and developing rather than working a 9-5 job. You donate this to Linux and the community loves you. Then Microsoft says "Hey, that's a neat idea" and implements it in Windows. They didn't copy it, obviously since the apis are different. Copyright offers no protection here.

    Another example: Apple pays some of its developers to solve a UI problem, namely how to display speech recognition confirmations without reducing the usable focus-space of the screen. These developers work hard and come up with the idea that was so poorly summarized by the editor who posted this article. Microsoft steals the idea and uses it to compete with Apple. What motivation does Apple have to continue innovating? If they think of something neat (spending money to do so) then their competition will just re-implement it but with out the burden of paying for R&D.

    Copyright is broken. It lasts too long and only protects against duplication of content, not of methods.
    Patents are the only other option. They need to be fixed too, but they are currently the only reason that companies can justify R&D spending. They are also the only way for inventors to reap a reward for their work. The patent system needs to be updated to fit better in a world in which implementing an invention can be done in digital form rather than the slower manual way, but some protection for inventors must be retained.

  11. Re:Not quite as obvious as it seems? by Twirlip+of+the+Mists · · Score: 4, Interesting

    So, the windows fade with time (if they are not used much), and the windows below are phased above the fading window...

    More importantly, once the window fades "enough" (for some arbitrary and time-dependent value of "enough") it becomes transparent not only visually, but also to user input. You can click "through" it, in other words, once it's faded to a certain point.

    I'm having a hard time figuring out exactly how such a feature should be used, but it's not hard to imagine how it could be used.

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  12. prior art by hak1du · · Score: 3, Interesting

    It's going to be a lot harder to find prior art for this one.

    Yes: that's because it's probably a bad idea. People have looked at use/time-dependent changes of window state or appearance before, but they have never become popular. You can probably still dig up some prior art from the HCI literature if you really care. Many bad patents are just not worth fighting, however.

  13. Re:This story is pure FUD by KingJoshi · · Score: 3, Interesting

    To focus on whether they're patenting translucent windows, or time-dependent translucent windows misses the point!

    It's almost like someone saying, "They're not patenting priority-queues, they're only patenting priority-queues that are sorted by integer value which holds when the job started." Oh great, that just makes it so much better. Yeah, I know there is a big difference between data-structures and specific implementation of some idea that uses multiple algorithms and data-structures. But you should still get the point.

    Copyright already covers specific implementations. The patents are unnecessary.

    I mean, you have DirectX and OpenGL as competing APIs and one of them gets vertex shaders, but then the other isn't allowed to. That'd just be retarded (again, even if my analogy is inaccurate, the point remains).

    As a computer scientist, I read papers regarding many ideas and algorithms on how people attempted to and did solve problems. I use their knowledge and I try to work off of it. The idea that some company or person can patent such a trivial difference is absurd.

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  14. Prior art from 1992... by MosesJones · · Score: 4, Interesting


    In 1992 I was working on a Radar Display project which used Barco graphics generators on Sony 20kx20k displays with two screens, front and back.

    The back screen held the flight information, and the front held the information windows. It was possible to make the front windows fade to invisible if required (outline only left). Sounds like a graduated window to me.

    This was an absolute piece of piss in X using the PEXLib extensions BTW.

    Having transparent or translucent windows was pretty common in Radar Display system, both commercial and military.

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  15. Re:Existence alone is bad enough by roard · · Score: 4, Interesting
    The possibility of acquiring a patent, and thereby a guaranteed source of revenue, is what spurs innovation.

    Wrong. It's the idea, but it's not what actually happend. In fact, patents were NOT created to incite inventors to invent, because, face it, inventor invented things well before patents. Patents were created as a tradeoff with inventors, because at the time (industrial revolution), there was a big problem : inventors invented things, but kept the recipe secret, to have an edge over the competition. Thus, patents was a deal with governments : "give us the secret (the patent) and you'll have a state monopoly for a certain period". Patents were created so inventors explained their invention. Patents were NOT necessary as an incentive to innovate, but as an incentive to SHARE the discovery with the society.

    Now, in our modern world, you should perhaps understand that it's quite rare to have people looking for patents in order to understand a discovery. Nineteen century patents were wonderfully done, for most of them. Now patents are legal giberrish totally encrypted for a normal engieneer. In fact, in most companies, the motto is to NOT look at patents, for fear of legals battels. Explain to me then what's the goal of patents !

    Plus, in the case that interests us, it's not "normal" patents, but Software patents. With software patents we're in a totally different realm, the one of pure thought. Instead of describing a method of doing something, people now describe the idea of doing something. This shift is absolutely scary. Add that the fact that the application process is incredibly bad (many patents are accepted dispite prior art, or dispite an innovative part), and the fact that the software "industry" innovations works at the scale of months or a few year, not the twenty-something years awarded by a patent... And you have a BIG problem as a software engineer. Frankly, look at the actual history of software engineering and show me how many cases where a patent actually profited to the whole industry ? (and even if it could happend, is it worth the price ?) And, will you argue that the software industry perfectly innovated before software patents ?

    In fact, if software patents were 1) awarded by real experts 2) limited to say, 4-5 years 3) and submarine patents were illegal 4) and describe actually a method and not an idea, then, yes, perhaps software patents would be a good incentive to innovation (even if we innovate perfectly without them). But face it, it won't happend, and with their current state, they actually do more harm than good. I also fear something, if SP pass in EU, big companies will have a clear field, and I think that's when the situation will run amok.

    But for the most part, the profit motive is what drives innovation. Patents are essential to that process.

    Sure, but protifs rarelly involves patents.

  16. Re:Software patents are evil by Anonymous Coward · · Score: 5, Interesting
    But, if company X really wanted to get a patent for defensive reasons, then why not get the patent through a shell company whose sole purpose is to hold patents neutrally.

    I mean, we could have a company called Openpatents.

    What you do instead is to publish your invention. That way, you don't have to pay the fees to the patent office or to the specialists who typically write the acual prose of the application; but nobody else can patent it.

    (Yes, I have invented things and had US patents issued for them. I have also published some inventions.)

  17. The patent isent just about fading/translucent by TerminalInsanity · · Score: 5, Interesting
    3. The computer system of claim 1, further comprising: a cursor control device for coordinating user input via a cursor displayed in said graphical user interface; wherein said cursor operates on contents of said window when said window is in said opaque state, and said cursor operates on objects underlying said window when said window is in said first translucent state.


    They are trying to patent the ability to turn one window transparent, and manipulate the windows under it, without the transparent window 'dropping' below the ones you are manipulating.

    I dont think that type of thing has ever been done before...

    Perhaps software patents should have a much shorter life span? (say, 3 years?) it would give the company that 'discovered' it time to develop the 'technology' first, but wouldent blanket the whole computing industry for too long