Saturday, September 3, 2016

Apple's Design Patents






Businesses can be built on utility patents – we would pack as many independent claims as possible into them.  Design patents are desperate measures to create legal hurdles.  The US Supreme Court is getting involved with a court decision that originally won Apple $1 billion in claims against Samsung.  Easier than working I suppose.  While the settlement got reduced to nearly half this amount, it still represents a lot of money.
As a sometimes visual artist, I appreciate the protections afforded to works of art and design.  However, if someone buys your painting – they own it.  If they decide to cut a notch out of it so it fits around a window frame that is there business, although I think the artist should have the right to have his or her name removed from the work.  However, industrial design is not art, it is a commercial enterprise that creates alluring products and environments for consumers.  While the talents expressed can include aesthetics and manifest themselves with intriguing form factors and color palettes – these are subtle element and do not deserve the same protection as the technology that operates behind them.
The US Supreme Court will now look at who owns “rounded corners” and boxy forms.  This slippery assault will always be a losing battle.  The 1987 Braun ET66 calculator looks a lot like the Apple iPhone and so do some of the rocks I find in nearby creeks.
Minimalism is in vogue now but it is a difficult design attribute to protect.  So move on and keep designing.





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