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Cingular Patents the Emoticon?

massysett writes "Mobile phone carrier Cingular Wireless may have managed to get a patent on the emoticon. The patent describes a system for selecting a displayable icon to indicate the mood or emotion of the user. It also covers text-based emoticons, 'so presumably sending :) via an SMS - if selected via a dedicated or softkey, would be a breach of the patent in future.'" My response? >:/

23 of 231 comments (clear)

  1. Hmmm by TheSpoom · · Score: 5, Funny
    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  2. Good luck enforcing this one! by gasmonso · · Score: 5, Funny

    They can stick that patent in their (_|_).

    http://religiousfreaks.com/
    1. Re:Good luck enforcing this one! by ettlz · · Score: 5, Funny

      And they can kiss my shiny hello.jpg (=O=).

    2. Re:Good luck enforcing this one! by DocStoner · · Score: 4, Funny

      And all this time I thought it was a tie-fighter. That changes the intent of a lot of past conversations.

    3. Re:Good luck enforcing this one! by ettlz · · Score: 3, Funny
      And all this time I thought it was a tie-fighter.

      Now you know why Darth Vader always wore gloves.

  3. Patent review by CastrTroy · · Score: 5, Insightful

    They really need to beef up their standards for patent review. Stuff like this should never even get through. People shouldn't have to spend money battling these patents in court. I think cingular should be fined for even submitting a patent which is quite obviously not novel, and just an attempt to patent something that's already used everywhere in order to squeeze money out of others

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    1. Re:Patent review by MightyMartian · · Score: 3, Insightful
      What they need to do is to a) fine the living shit out of a company that tries to pull one of these patents (I figure 50% of their gross earnings over the last five years is a good start) and then b) forbid them, any subsidiary and any company that shares any member of the board from filing any patent for ten years. If they attempted to take so much as one person to court over licensing, that person should immediately receive fifty thousand times the licensing fee that was demanded of them.

      Perhaps when a few pension funds and other shareholders lose their shirts over patent scams, they'll make damn good and sure that nothing like this happens again.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  4. Been done by taustin · · Score: 3, Interesting

    This patent will conflict with Despair.com's registered trademark, won't it?

  5. We'll need to see the patent...but uh... by Benanov · · Score: 4, Interesting

    You know, it looks like it's another one of those “we're doing X, but on the internet” patents, except this time it's on a phone.

    I thought that I had lost all hope in the patent system some time ago, but I just lost more.

  6. This is simply... by cnelzie · · Score: 3, Insightful

    ...another reason that the Patent system needs to be revised and or rebuilt.

        Activating an emoticon from tapping one key is NO different then activating something via a single Macro key, which has been used in applications and games for ages.

        Writing a series of symbols out to be displayed as an emoticon is also soemthing that has been performed for ages.

        Seriously, when will this patent frenzy of stupidity end?

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
  7. Comic Book Guy by Anonymous Coward · · Score: 5, Funny

    "There Is No Emoticon For What I Am Feeling!"

    1. Re:Comic Book Guy by ndansmith · · Score: 3, Funny
      "There Is No Emoticon For What I Am Feeling!"

      Now where's my +1 Funny?

  8. What idiot approves these headlines? by unterderbrucke · · Score: 4, Insightful

    The article, even the summary, clearly indicates all they are patenting is the process of using a smiley on the phone/sending it. They are NOT patenting the smiley, that's just an inflammatory headline used to create negative response.

    1. Re:What idiot approves these headlines? by HalAtWork · · Score: 3, Insightful

      Oh, that makes it better. Because when you put it that way, it's really non-obvious and I'm sure nobody ever thought of doing it before.

  9. Slash Dot as prior art? by RingDev · · Score: 3, Informative

    I always though /. was suposed to be Cmdr Taco pissed off and standing on his head, cause, he's only got one eye ya know.

    -Rick (Just Kidding!)

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  10. I'm speechless by Hershmire · · Score: 4, Funny
    =X
    --
    if(!toilet_paper) roll.replace(new roll); //Stupid roommates.
  11. Not a patent - an application only by ChartBoy · · Score: 5, Informative
    The "patent number" cited in the article is not a patent number. It is an application number (the US has recently started publishing applications in keeping with the rest of the world). This is the application.

    US utility patent numbers have sequential numbers and are currently in the 6 million range. Application numbers have a year (2006) and a serial number within the year (15812).

  12. Folks, This isn't a Patent by TheDoctor_MN · · Score: 3, Informative

    Okay, everyone take a deep breath. Though the original post says this is a patent, it is not. It is a patent application. Anyone can file whatever they want, and it will get published as a patent application in 18 months. ANYTHING. I could write something up for "kissing up to my boss" and it would get published. This application has yet to see an examiner, who will in all likelihood reject it pretty much as quickly as you all have based on a slew of prior art out there. Check back in two or so odd years to see if this issues or not. Link to the full text... http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=P TO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2F srchnum.html&r=1&f=G&l=50&s1=%2220060015812%22.PGN R.&OS=DN/20060015812&RS=DN/20060015812

  13. First Use by jmkaza · · Score: 4, Informative

    19-Sep-82 11:44 Scott E Fahlman :-)
    From: Scott E Fahlman

    I propose that the following character sequence for joke markers: :-)

    Read it sideways. Actually, it is probably more economical to mark
    things that are NOT jokes, given current trends. For this, use :-(

  14. Correct application number and link by HDlife · · Score: 5, Informative
    The APPLICATION NUMBER is 20060015812

    This just published and is years from becoming a patent. This is just a laundry list of claims that they want, not that they will get.

    You can see it here: http://appft1.uspto.gov/netahtml/PTO/srchnum.html/

  15. Actual patent number = 6,990,452 by hcg50a · · Score: 4, Informative

    TFA had a bogus number.

    Check the actual patent out.

    --
    HCG 50a = 2MASX J11170638+5455016
    11h17m06.4s +54d55m02s
  16. headline/summary is WRONG WRONG WRONG by amliebsch · · Score: 5, Informative
    How the hell could a patent clerk look at this and stamp it?
    It hasn't been stamped. It is just an application.

    Did they even look at it?
    They are looking at it.

    Do we have any recourse or any way to fire these morons?
    They haven't done anything.

    Why in the name of all that is holy did this GET patented?
    It isn't patented.

    Patents are out of control... I'm just wondering if anyone has any input on how the hell they get by with this bullshit.

    This headline, summary, and post represent the very worst of slashdot. A blatantly wrong headline and summary are posted that just coincidentally happen to inflame the commenters, who immediately posture and condemn without knowing any more about the subject than the misleading headline. A correction, if it is ever made, is already off the front page, and all these geeks who sincerely believe themselves to be rational and intellectually superior go off believing a complete falsehood, because it validates their beliefs.

    --
    If you don't know where you are going, you will wind up somewhere else.
  17. Patent office lists prior art too by goombah99 · · Score: 4, Informative
    [sour grapes] Rejected slashdot submission: [/sour grapes]

    An hot news story that makes the outrageous inducing claim that Cingular has just patented the Emoticon appears to be untrue, since the US Patent office shows no such listing for the claimed Cingular patent. But that's not to say it's not outrageous :-0 since in fact AT&T, some guy in kirkland WA, and a dozen others have patented the emoticon or aspects of it. Perhaps most galling is that the patents actually use the word "emoticon" to describe what they are patenting. They of course don't actually patent the emoticon itself but the act of entering an emoticon into multi-media, sort of like patenting the one-click patent versus patenting, say, commerce. Is this one of the whackiest patents ever :-p

    --
    Some drink at the fountain of knowledge. Others just gargle.