Slashdot Mirror


Apple Granted Broad Patent On Wedge-Shaped Laptops

Nick Fel writes "Apple has been granted a broad patent (PDF) on the wedge-shaped design of the MacBook Air. The design has been copied by most ultrabooks, and their manufacturers are likely starting to feel a little uneasy about the news."

13 of 326 comments (clear)

  1. Awesome... by Anonymous Coward · · Score: 4, Insightful

    ...yet another thing granted to the rapacious by the incompetent.

    1. Re:Awesome... by KingBenny · · Score: 5, Insightful

      i kinda like the icon for the topic here, who cares about patents .. the chinese dont, the russians dont, the indians dont, and if africa ever gets on its feet i'm sure they wont

      --
      Free speech was meant to be free for all... how can anyone grow up in a nanny state ?
    2. Re:Awesome... by oxdas · · Score: 5, Insightful

      The concern here is the the same as the rounded corners things last year. Apple designs are, intentionally, minimalist designs. Granting of design patents on what amounts to purely functional designs is problematic. The Dutch court last year struck down the rounded corner design patent (called community design in Europe) because there were not any non-functional elements and the court held that purely functional designs are less worthy of protection. I think the U.S. would be wise to adopt the same stance.

      Just to reiterate, the problem with this patent is not design vs. utility, it is the functional nature of the design that should not be worthy of design patent protection.

  2. It's a design patent... by CajunArson · · Score: 4, Insightful

    This is not a "broad" patent on any wedge shaped laptop but instead a relatively narrow patent on portions of the ornamental design of the Macbook air. Looking at the priority date, you'll see that the earliest filing date is 2010, which means that even the original Macbook Air models are prior art for this case.

    Look at the listing of prior art and you'll see PLENTY of wedge-shaped notebooks that are already out there... because this patent is *not* covering all wedge-shaped notebooks, despite the intentionally hyped-up-so-we'll-make-ad-revnue summary & headline. (P.S. I run adblock to help do my part to have Slashdot lose money for posting this drivel).

    --
    AntiFA: An abbreviation for Anti First Amendment.
  3. Endless Apple Patent Discussions by doston · · Score: 4, Insightful

    Hardly anybody on here can even discuss this story from anything but a lay perspective. This isn't a technology story, it's a story better discussed on lawyers.com. I hate when people complain about what stories get voted on, but I just don't think many on here are qualified to discuss this intelligently, so in the end, a lot of otherwise smart people end up sounding like twits. You know, like when your mother explains what you do as "computer stuff"...that's how you all sound discussing intellectual property. This patent seems routine and meaningless, but I'm not an intellectual property attorney, I'm an engineer, Jim, so who knows.

  4. Functional parts by Kupfernigk · · Score: 4, Insightful

    Indeed, as soon as it is shown that the wedge shape is functional (provides a small tilt for the keyboard, makes it easier to carry) that part of a design patent is invalidated. The reason so many details are needed in the application, I suspect, is to prevent a Chinese company from producing an exact knockoff by acquiring the dies and CAD files as soon as this version ceases manufacturing. Nothing to see here etc.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  5. Free rider problem solved? by sjbe · · Score: 5, Insightful

    Patents and copyrights are used only to protect past acompilishments not create new ones.

    The entire purpose of patents and copyrights is to create incentives for new works. Patents and copyright attempt to address the free rider problem. Without some reasonable assurance of protection, a lot of beneficial works would never be created.

    None of this is to say the laws for patents and copyrights aren't badly in need of updating. They very much are broken in their current form. But the idea of protecting inventive works against the free rider problem is demonstrably beneficial.

    Stronger IP protections are only used to slow down growth. It is all but ignored by growing economies.

    This is where your argument falls apart. Without relatively strong IP protections, there are fewer incentives to create new work because there are so many copycats. Those same growing economies grow largely by imitating established economies with established IP protections. They tend to create very few (not zero but few) new and innovative works. You can only grow to a limited extent by copying other people. Eventually you have to create your own works and sooner or later that requires some form of IP protection. The exact model can vary but for better or worse there is presently no better solution to the free rider problem out there.

    1. Re:Free rider problem solved? by spire3661 · · Score: 4, Insightful

      LOL. The entire problem of your argument is that it rests upon the idea that art needs financing. We dont need to enslave the minds of humanity in order to stimulate creative works. Sure we might not get Magnum Opus's anymore, but i think thats a small price to pay for unfettered information exchange across the globe.

      --
      Good-bye
    2. Re:Free rider problem solved? by Dishevel · · Score: 5, Insightful

      Limited time patents and copyright on actual innovation or copyrightable works.
      This crap that Micky Mickey mouse is still under copyright after 84 years is bullshit.
      Patents on the wedge shape are bullshit. Copyrighting of range check code is bullshit.
      90%+ of patents now are bullshit. The ones that are not live on in perpetuity. The solution is not to get rid of patent or copyright.
      The solution lies in bringing back the limits.
      And killing the lawyers of course.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    3. Re:Free rider problem solved? by Bert64 · · Score: 4, Insightful

      Most progress is not made by totally new and innovative products, but by "standing on the shoulders of giants"... That is, a product which is mostly a copy of a previous one, but with a few improvements here and there.

      Developing something new from scratch is time consuming and costly, especially when you have to work around huge numbers of patents... Also if a product is too different to existing ones, users will often reject it because it's too unfamiliar.

      Plenty of beneficial works were made before the days of patents or copyrights, and there's no reason to believe they wouldn't do so again were these schemes abolished. People create works for all kinds of reasons, not everyone is purely motivated by profit and greed...

      On balance, the current patent/copyright laws do far more to stifle innovation than to promote it.. You have products which are crippled to avoid patents, people afraid to release (or even start developing) products for fear of being sued, works still in copyright when the original author is long dead (many of which will be totally forgotten and/or lost by the time copyright expires) etc etc...

      Both copyright and patents were meant to be a compromise between the ability for creators of such works to profit, and the benefit of society as a whole... The current systems however are so distorted and corrupt that they are generally entirely detrimental to society and often to the creators of the works too.

      For-profit also causes innovations to be stifled, why release a new (expensive, requiring retooling etc) product, when you can continue selling your existing one?

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    4. Re:Free rider problem solved? by fnj · · Score: 5, Insightful

      Unless - gasp - social funds, not private investments, are used to develop new drugs. That way we don't have to worry about making a few pigs filthy rich as a side effect of the process.

      Gee, sounds like exactly what governments ought to be doing, to me.

    5. Re:Free rider problem solved? by amoeba1911 · · Score: 5, Insightful

      NONSENSE! Shut your face! With nothing but stupid "social funds" we would cure nothing but the dumbest stupidest things like malaria which only kills a few million people a year. How the hell would we ever have enough "social funds" to cure the important things like flaccid penises and hair loss that affects millions of very rich people? HOW? You ever stop to think before you open your stupid ape mouth?

      Sheesh, the nerve on some people!

    6. Re:Free rider problem solved? by greg1104 · · Score: 4, Insightful

      If your post was a patent application, I'd reject it over several unsupported claims. Patents were not intended to fix the "free rider" problem. Anything innovating enough to deserve a patent could be kept a trade secret instead. Things that can be easily copied are by definition more derivative than innovating. This wedge based design for example; it's an obvious advance made possible by continued reduction in component size. Once it's becomes possible to shrink things to that form factor, it was inevitable. Cue "shoulders of giants" comments and how many instances of co-discovery litter scientific history.

      What patents were intended to do was let an inventor make a deal with the world. They could get monopoly rights on their invention in return for sharing it with everyone. Other companies wouldn't have to reverse engineer the process, they could just license it for a fee instead. The production capabilities of the world move forward; other companies don't have to waste time re-inventing the same wheel.

      If it's possible to re-invent the wheel in question without seeing the so-called "intellectual property", it wasn't a non-obvious advance. That's where the bar is supposed to be at here, with an explicit obviousness test. That test has been weakened into a ridiculously low one now. And the result is a patent process that does nothing but weaken business. There is no value being provided by patent holders anymore, no resulting benefit to society sufficient that they should be rewarded with a monopoly on something. The social contract implied by the patent process is no longer being honored by the companies patenting things, and instead they're just stifling innovation, by small companies in particular.