Pinch-To-Zoom Apple Patent Rejected By USPTO

freddienumber13 writes "In another patent surprise, a patent application by Apple for pinch-to-zoom has been rejected by the USPTO on the grounds that its claims were either anticipated by previous patents or simply unpatentable. This will be welcome news for Samsung, who back in April asked for a stay of the trial. However, Apple has a short period of time in which they can appeal this finding."

Comments

reason it was rejected raises some new questions

[Trepidity]

The main reason it was rejected appears to be that its claims were anticipated by patent 7,724,242. But now that patent still covers a pretty wide range of the same things, and is still valid (at least so far).

And if we look at who filed that patent, it's two people whose names appear at the list of Senior Inventors of everyone's favorite litigious organization that doesn't technically hold patents itself...

Re:Do they get a refund?

[ergo98]

Quite the opposite, if you file and are granted a patent for something that is later ruled invalid, there should be substantial penalties for the filer, because the purpose of a patent application is a government granted monopoly, leveraging the legal power and force of government to suppress other business. If you tell the government that you've done something novel that isn't, and prevent competition through that mechanism, there are substantial social costs (none of the benefits of invention, but all of the costs of a monopoly).

Silly Putty

[sjames]

Any child with Silly Putty would have anticipated the pinch to zoom patent.

Re:Pinch Me, I Must Be Zooming

[Zordak]

I am a registered patent attorney. I live and breathe patents every day. I know what the duty of disclosure is. You do not. You sound like a twelve-year-old telling Richard Stallman that he doesn't know what the Free Software Foundation is all about because he heard the term "free software" and thought it was about warez. It's nice that you have the Google skills to find a link to the MPEP, but perhaps you should also try reading your own links. And while you're at it, read chapter 700 of the MPEP. Or at least read this page (the one that instructs the examiner to perform a search). Then try reading some patent file wrappers, and look at the examiner's search strategy that he puts in the record before every office action. And while we're at it, your misdirected ad hominem attack and your misuse of prima facie make you look all the more foolish (and yes, I'm aware that you pulled that phrase from s. 2001, but you don't understand what it means).

In short, you are clueless about how patents work, as are most people on Slashdot, who think that patent prosecution is merely a ministerial act of rubber stamping an application. Patent prosecution is arduous and expensive. While there are occasional cases where examiners allow questionable claims, I have also had many, many opportunities to personally deal with examiners rejected claims on sorely strained arguments. Under W's appointee Jon Dudas (who was not even statutorily qualified for the post), the "Reject Everything" culture got so bad that the patent bar was practically in open revolt. You really have no idea what you're talking about.