back to article Apple is granted a patent on the rectangle. No, really

Thinking of making a thing that is portable, has a display and is rectangular with rounded corners? Well, DON'T! You'll be infringing Apple's new design patent. Apple already owns a design that describes an iPad-like slab with rounded corners, patent US D627,777. Now it's got another one and it's much simpler: behold US D670, …

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  1. Anonymous Coward
    Anonymous Coward

    aaarrgghhhhh

    please stop now!!

    1. 404

      Re: aaarrgghhhhh

      +1

      nothing else to say here... maybe 'oh the humanity"? or how do I apply for immigration somewhere?

      :|

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      2. wowfood

        Re: aaarrgghhhhh

        *facedesk*

    2. Shagbag

      US-Centric. The rest of the world can ignore this article.

      Those insane Yanks have done it agin.

  2. noboard

    blimey

    is it April 1st already

    1. bluest.one

      Re: blimey

      In the United States Patent Office, it's April 1st every day.

      1. Erwin Hofmann
        Stop

        Re: blimey

        ... I agree, but I don't think this is a laughing matter at all ... there must be an endemic psychotic disorder prevalent amongst the United States Patent Office officials ... you can't even really blame Apple, and others, for applying for this nonsense, while there is such an institutionalized "nutcasery" at work that grants patents like this ... and since there is no moral or shame in obscene profit making (sosume) ... this rubbish will go on and cripple real innovation ... worldwide ...

  3. Anonymous Coward
    Anonymous Coward

    Should be interesting

    Let's see how the fanboys manage to defend this as 'innovative', IP that needs protecting, Apple have every right to charge for people using their stuff, etc, etc

    It's a fucking rectangle with rounded corners. Only been in use for thousands of years since we started making things that would be better without sharp pointy bits.

    1. ThomH

      Re: Should be interesting

      One way to fit the dictionary definition of innovative is to do something that is contrary to established manners and which establishes new customs.

      So it's very possible that Apple's patents are innovative.

      1. Destroy All Monsters Silver badge
        Black Helicopters

        Re: Should be interesting

        Behaving like they do is certainly contrary to established manners.

        I could also be that the lawyers of each actor are in collusion and are having a gas making the various companies sue each other.

        1. ThomH

          Re: Should be interesting (@Destroy All Monsters)

          I agree.

          Based on the voting it seems the humourless are out in force, so I'll spell out the meaning of my previous post very slowly indeed: patenting something this obvious is contrary to established manners. Obvious patents appear to be taking hold across the industry. The idea of writing such patents is therefore innovative according to the dictionary. Furthermore there's irony in the way that pushing boundaries in one area is holding another back and in the dissonance with Apple's claims of innovation.

          1. Dan Harris
            WTF?

            Re: Should be interesting (@Destroy All Monsters)

            'Contrary to established manners' .... ie BAD MANNERS - brilliant band of the 80's!

            Or were you just talking bollocks?

            1. Rob Crawford

              Re: Should be interesting (@Destroy All Monsters)

              If by referring to Bad Manners as being a brilliant band I would certainly agree with the concept of people talking bollocks ;)

      2. Anonymous Coward
        Anonymous Coward

        Re: Should be interesting

        It's a registered design. If you have a product that has a particular look and feel then you protect it, simple as that. If you don't then you will get your product imitated.

        Look at all the dyson-like vacuum cleaners in the shops and he has a registered design patent, imagine if he didn't? he'd be out of business.

        1. Neill Mitchell

          Re: Should be interesting

          Gah!! The ridiculous Microsoft Windows and Dyson excuses again!

          Microsoft have not got a design patent on panes of glass, they have a copyright on the term Windows in the context of computer software. FFS, this one comes up every single time.

          Dyson, last time I looked, has not managed to patent a vacuum cleaner which is a simple geometric shape. The patents they hold are for technological components and innovations contained within their products.

          Patenting a geometric shape is utter madness and no amount of apologist excuse making can justify it. This is very bad news for all consumers. If Apple get away with this then every other manufacturer is going to start trying it on.

      3. Rob Crawford
        Facepalm

        Re: Should be interesting

        Errr how about NO!

        Now if it was razor sharp edges and corners then that would be a bit against the grain (but not by much)

        No doubt they will be suing the publishers of the kids books (with rounded edges) that my kids enjoyed all those years ago

        /me mutters.......

    2. jai
      Black Helicopters

      Re: Should be interesting

      Let's see how the fanboys manage to defend this

      Apple are providing a service, you should all be grateful.

      For YEARS now you've been complaining about how broken the patent system is. Yet nothing has been done and the system hasn't improved. Apple are obviously being helpfully, doing what the readership of El Reg have been unable to - they're pushing the patent system as far as possible. Sooner or later, with Apple's high profile in the media, the powers that be are going to notice, and then take some action to fix the system. And you'll all have Apple to thank when that day comes. Instead of complaining, you should be singing their praises :)

      (well come on, you did ask for that)

      1. CABVolunteer

        Re: Should be interesting (@jai)

        "..... the powers that be are going to notice, and then take some action to fix the system"

        Yeah, but what confidence do you have in the powers-that-be that they will apply a fix that will *improve* the patent system?

    3. Anonymous Coward
    4. Anonymous Coward
      Anonymous Coward

      Etch A Sketch is prior art

      or just about any rectangular shaped kids toy.

    5. Anonymous Coward
      Anonymous Coward

      Re: Should be interesting

      There's many other registered designs and trademarks that are just as insane yet nobody is complaining about those.

      Nike has a tick for a trademark. Microsoft uses the term Windows, a dictionary word.

      1. Tom 13

        Re: many other registered designs and trademarks that are just as insane

        1. Learn the difference between patents and trademarks. It's important. Trademarks MUST be defended or they can be invalidated. Patents don't have to be until you want to, so patents can be trolled.

        2. Yes, they do. Windows most vociferously, and Apple for their company name (both PC manufacturer and record company). At least Intel got beaten down when they tried on the 486.

    6. Anonymous Coward
      Anonymous Coward

      Re: Should be interesting

      My dining room table is prior art, from Ikea in 1986

  4. Anonymous Coward
    Facepalm

    Well...

    My ghast is truly flabbered.

    "Apple is granted a patent on the rectangle"

    and

    "Method of exercising a cat"

    Really!?

    Is the US Patent Office ran by people who decide simply by rolling one of those yes no balls?

    1. Captain Save-a-ho
      FAIL

      Re: Well...

      Sadly, these are the finest workers employed by taxpayers. No, really.

    2. W.O.Frobozz

      Re: Well...

      It's seriously time for Google to start using those Moto patents against Apple. This is beyond stupid.

    3. Anonymous Coward
      Anonymous Coward

      Re: Well...

      "Is the US Patent Office ran by people who decide simply by rolling one of those yes no balls?"

      It looks like they might have a yes / yes ball.

      Ooh - I think I'll patent that.

      1. julianh72
        Thumb Down

        Re: Well...

        Sorry, I think you are too late to patent a "Yes / Yes" device!

        Prior art and all that - I have already made a 6-sided die which has only one spot on all 6 faces - makes for very tedious and predictable games of Monopoly etc.

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    5. Andrew Moore

      Re: Well...

      Don't forget the 'crustless peanut butter and jelly sandwich'- apparently patentable

    6. P. Lee
      Facepalm

      Re: Well...

      It does look as though a cat has had a go at the rectangle with its claws.

      I presume that is part of the patented look?

      1. hplasm
        Happy

        Re: a cat has had a go at the rectangle with its claws.

        On an iPhone 5, yes- they look like that out of the factory, apparently.

    7. Stumpy
      Holmes

      Re: Well...

      Jim Booth wrote: "Is the US Patent Office ran by people who decide simply by rolling one of those yes no balls?"

      Well, they're certainly rolling (and smoking by the looks of it) something ...

      ... can I have some?

    8. Anonymous Coward
      Anonymous Coward

      Re: Well...

      Exciting news, anonoymous have hacked in to the US Patent office and released previously unseen code.

      if ($applicant == "Apple") { approve_patent($patent_id); end; }

    9. Rob Carriere

      Re: Well...

      "Is the US Patent Office ran by people who decide simply by rolling one of those yes no balls?"

      What on Earth made you believe it has a 'no' side?

  5. jestersbro
    FAIL

    Do... Fucking... WHAT!!!

    Hey America! Do the world a favour and drown your Patent Clerks, they're making you look like dicks!

    1. cirby

      Re: Do... Fucking... WHAT!!!

      You do realize that the same sort of process happens all of the time in Europe, too, right?

      For that matter, the EU process is worse. Here's the "Office for Harmonization in the Internal Market" website dealing with such things:

      http://oami.europa.eu/ows/rw/pages/RCD/legalReferences/legalReferences.en.do

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  6. cirby

    It's called a DESIGN patent for a reason...

    When you actually produce a product that has a specific look (that doesn't depend on function), you can get a design patent. That means that someone else can't whip up a quick copy of your product to try and steal sales from you.

    Design patents are very specific, with defined measurements, curves, and angles. No, it's not just "rectangular with rounded corners." It's "rectangular with these proportions and corners with a certain radius." No, you can't create a "uPad" with measurements just 0.1 mm off - that's covered, too.

    Design patents have been part of the process for a very long time now. They've been in use for over 170 years (the first US design patent was for a font).

    1. NumptyScrub

      Re: It's called a DESIGN patent for a reason...

      quote: "Design patents are very specific, with defined measurements, curves, and angles. No, it's not just "rectangular with rounded corners." It's "rectangular with these proportions and corners with a certain radius." No, you can't create a "uPad" with measurements just 0.1 mm off - that's covered, too."

      I looked for those measurements and definitions on the USPTO site (link http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=/netahtml/PTO/search-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN/D670286), but all I can see is a billion references and this:

      FIG. 1 is a bottom front perspective view of a portable display device showing our new design;

      FIG. 2 is a bottom rear perspective view thereof;

      FIG. 3 is a front view thereof;

      FIG. 4 is a rear view thereof;

      FIG. 5 is a top plan view thereof;

      FIG. 6 is a left side view thereof;

      FIG. 7 is a right side view thereof; and,

      FIG. 8 is a bottom plan view thereof.

      The shade lines in the Figures show contour and not surface ornamentation.

      The broken lines in the Figures show portions of the portable display device which form no part of the claimed design.

      Wherefore art thou, measurements and definitions of radius of curvature which comprise the registered design?

      Or am I supposed to measure the line drawing myself, and calculate my own radius of curvature of the corners from a .png on a website?

      1. Bob Vistakin
        Holmes

        Re: It's called a DESIGN patent for a reason...

        No need - just refer to its video: http://www.youtube.com/watch?v=JQ8pQVDyaLo

    2. Growly Snuffle Bunny
      Facepalm

      Re: It's called a DESIGN patent for a reason...

      You say that, but have you read the patent? There's no sizes anywhere, no definitions of contour, nothing. As far as I can see, AIANAL, they've got a design patent on the generic rectangle with rounded corners and smoothly curved back.

      The patent system looks very very broken at this point...

      1. Growly Snuffle Bunny
        Happy

        Re: It's called a DESIGN patent for a reason...

        Looks like NumptyScrub and I hit the keyboard around the same time!

      2. Eddy Ito

        Re: It's called a DESIGN patent for a reason...

        "they've got a design patent on the generic rectangle with rounded corners and smoothly curved back."

        It's worse than that as if you look closely the curved back is shown in broken lines and so isn't part of the claimed design. The only thing claimed is the general rectangular shape with round corners.

        Perhaps the limiting bit is that it is for a "portable display device" like a monitor that requires some other piece of kit to do anything. No input, no (de)coding, no calculations, no storage and just a display. If that's the case, I could live with that since the portable dvd player my niece got for long car trips is more than just a display. Otherwise I'd have to conclude the patent office was filled with people who find burger flipping too mentally taxing.

      3. julianh72
        Thumb Down

        Re: It's called a DESIGN patent for a reason...

        You say that "As far as I can see, AIANAL, they've got a design patent on the generic rectangle with rounded corners and smoothly curved back.", but it's worse than that. The patent itself says:

        "The broken lines in the Figures show portions of the portable display device which form no part of the claimed design."

        The curved back, the rounded corners, the position of the camera and button, etc, are all shown in broken line - their patent ONLY covers the rounded rectangle, with no dimensions or relative proportions, as far as i can see.

    3. Lars Silver badge
      Unhappy

      Re: It's called a DESIGN patent for a reason...

      I wonder if I dear use my playing cards any more, awfully same shaped I am afraid.

      1. hitmouse

        Re: It's called a DESIGN patent for a reason...

        Sorry you can't play any cards. Apple is holding all of them.

    4. jestersbro
      Windows

      Re: It's called a DESIGN patent for a reason...

      Don't see no defined measurements here:- http://www.scribd.com/doc/66467658/USD627777S1

      Maybe someone else could find the design patent with said measurements and demonstrate to us that they exist and therefore create validity?

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