Do we need to patent the style or interface of a device?

Article

Apple v Samsung just the tip of the iceberg

My Comments

What the Apple v Samsung court case that is being litigated around many countries in the world is about is the attempt by manufacturers to patent the style or operation interface for classes of manufactured goods, i.e. tablet computers and smartphones.

A manufacturer may work out the style for a particular class of manufactured goods or determine a user interface that is going to be the way this class of goods will be operated. But do they need to patent this style or user interface and chase down to sue other manufacturers who implement this user interface or style.

Established design practices that I have observed

In the case of how manufactured goods are styled, I have seen a large number of device classes that have a very common style and user-interface in place. Take for example, Henry Ford who determined the layout and role of the pedals in a car with the clutch on the left, brake in the centre and accelerator (gas pedal) on the right. This was gradually implemented by other vehicle builders in the early days of the car and became the standard for foot control in the car. Here, you didn’t need to relearn vehicle-control skills and practices just to suit particular manufacturers’ vehicles. For a tablet computer, the multi-touch operating procedures like the “pinch-to-zoom” procedure are really about achieving a consistent user interface. For Apple to patent the multi-touch interface is utter nonsense.

Similarly, there have been devices that used the same or similar industrial design, usually with a few variations. A common example are the interlocking rim deadbolts used in the USA and Australia. A lot of these units have a very common styling, with the turn-knob being the only part that differs between manufacturers in most cases. There have also been the earlier “IBM clone” computers with a system box and monitor styled like the original IBM equipment. In one example the “clone” monitor had a third “on-off” knob as well as the brightness and contrast knobs that were part of IBM’s design. Of course the monitor had the same fascia as the IBM design.

I often find that the use of common designs or user interfaces can work to gain increased acceptance of the device class, while the manufacturers take tome to work on a unique industrial design or different features.

The Samsung Galaxy S smartphone – is it the same as the iPhone 3GS?

I don’t see the Samsung Galaxy S smartphone, which I own, as being a copy of the Apple iPhone 3GS. The differences that I would notice include the installation of the headphone and microUSB jacks on the top edge of the phone, a removeable back to gain access to the microSD card, USIM card and battery as well as two extra touch-buttons at the bottom of the screen that are part of the Android user interface.

A person may think that this phone is an iPhone clone due to the use of the black bezel around the display, a hardware “home” button and a faux-chrome strip around the phone’s edge. This would be more so when the phone is in a hibernation state. Similarly, a “swipe to unlock” user interface which may use different prompt graphics to Apple’s “slide-switch” graphic may still be considered as mimicking Apple’s user interface.

Ramifications of this legal battle

I would suspect that if Apple wins the legal battle on user-interface grounds, it could affect all touchscreen computing applications, whether with a smartphone, tablet computer or even touchscreen implementations in regular computing devices. This could even go as far as Microsoft’s touchscreen computing table or dynamic whiteboards that allow touch interactivity.

It may also affect the abovementioned design practice associated with implementing similar industrial designs in most manufactured goods or the user interface in computer software. It would be more so with the positioning or styling of visual cues in these designs and can even affect how buildings or interiors are styled in case they cross over a brand’s territory.

Conclusion

This issue of using patents to protect the style or user-interface of a manufactured device or computer program shouldn’t be used to stifle the creation of competitive devices and the exploitation of the technology. The concept of patents should be more about providing a way of exploiting the protected technology in a competitive manner but with proper attribution.

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