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Monday, February 11, 2013

#5 - What is Patent-able & Nokia Lumia's Revealing Design Patent

Our class detailed the defined classes for what is patent-able in the wireless mobile device area. Aside from different class types such as machine, composition, and process, it is interesting to think about what is NOT patent-able.

As we discussed in the last class, a design such as the rounded corners of Apple's products is a distinctive look that the firm has claimed. Aside from design, I'm curious what other categories can be classified for patents. I'm thinking along the lines of function vs. design, but perhaps there are more divisions.

Speaking of design patent, the Nokia Lumia's mystery design was revealed through a patent that the firm followed. (Read more here: http://www.theverge.com/2013/2/8/3967082/mystery-nokia-lumia-design-revealed-in-patent)
Nokia Lumia design patent
The shape features a flat front-screen and a reverse concave back that will offer many different colorful plates. I trust that the angled back will provide utility to users holding the phone for long periods of time since the rounded shape will fit more comfortably in the palm of a hand.

I suppose my question at this point it: what controls are in place to stop a company from patenting just about every conceivable idea out there as it sprouts in their R&D labs? Or, is this even a concern for anyone? Further, I pose the question of how different patents have to be from each other in order to be considered an infringement. For instance, if I had chosen to round out the top corners of a mobile device but not the bottom two corners, would Apple chase me down as well?

This remains a gray area, so I hope to fill in this knowledge in coming weeks.




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