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There's been a bit of a furor in the past couple days over Apple using third-party app screenshots in several patent applications that were just made public -- the most talked-about example is a screenshot of an app called Where To? that appears in a travel-related patent, but other apps like a Ralph Lauren app appear in a shopping-related patent as well. And, since it's Apple, there's been the usual blind panic of hysterical reactions, with some claiming that Cupertino's trying to patent third-party app ideas and pull the rug out from under its own developers. At this point, we hope you know better -- let's take a look at what's really going on.

First of all, all of the patent applications in question are just that -- applications. None of them have been granted, and since all of them are still so new, it's a virtual certainty they'll be narrowed in scope as Apple's attorneys and the Patent Office continue through the patent prosecution process -- a process that typically takes years.

Second, the only operative parts of a patent are the claims -- not the drawings, and not the description, which are technically known as the "specification." (We've now repeated this basic axiom of patent interpretation so many times we're considering making T-shirts.) The only reason the drawings and description are there is to explain the claimed invention in sufficient detail so that someone else can make it. Remember, patents are a trade: in order to get protection, you have to give up the full details of how your invention works. (The other option is to keep your invention a trade secret, but then you can't prevent anyone else from figuring it out and using it if it gets out.) Bottom line? If it's not in the claims, it's not in the patent. So... let's look at the claims, shall we?

Continue reading Apple uses third-party app screenshots in patent applications, world erupts in hysteria

Apple uses third-party app screenshots in patent applications, world erupts in hysteria originally appeared on Engadget on Fri, 06 Aug 2010 16:51:00 EDT. Please see our terms for use of feeds.

Permalink Unwired View, TechCrunch  |  Travel Patent (PDF), Fashion Patent (PDF), FutureTap  | Email this | Comments

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