Apple awarded design patent for actual rounded rectangle

The first comment on Ars Technica FWIW: (I take no stand, have no expertise, just posting someone's sober response so it'll be seen here.)<p><i>I think most people don't understand what it means that this is a design patent - it's not the same thing as a "regular" patent (a utility patent). Design patents allow a company to get an exclusive right to the form of a functional object so that a 3rd party can't make a different device with identical appearance (well, not legally at least). Almost every company that puts the time into making a distinctive shape for their devices gets one: Microsoft has one for the Xbox, George Lucas got one for Yoda etc.<p>Design patents are extremely narrow - you have to do your level best to copy them exactly in order to be found in infringement. Plus, they specifically cannot cover functionality - that has to be covered by a utility patent, if it's going to be protected. This design patent only protects a "portable display device" (that's the wording in the Patent itself), and only one with those specific design elements that are shown in the Patent Figures.<p>I'd be shocked if Apple hadn't applied for design patents for all of its devices. This really isn't an issue."</i><p><a href="http://arstechnica.com/apple/2012/11/apple-awarded-design-patent-for-actual-rounded-rectangle/?comments=1&#38;post=23471953#comment-23471953" rel="nofollow">http://arstechnica.com/apple/2012/11/apple-awarded-design-pa...</a>

I notice that the Editor's pick comment notes how Microsoft have one for the Xbox and Lucas Arts has one for Yoda. Both are in fact original designs, the iPad on the other hand doesn't fall into that category. This is another case of the USPTO failing for me.

The system works! The underdog's vital and unique IP, heretofore unimaginable and unprotected, has been safeguarded! We've ensured the creative process will continue unabated!

<a href="http://www.folklore.org/StoryView.py?story=Round_Rects_Are_Everywhere.txt" rel="nofollow">http://www.folklore.org/StoryView.py?story=Round_Rects_Are_E...</a><p>&#62; Steve suddenly got more intense. "Rectangles with rounded corners are everywhere! Just look around this room!". And sure enough, there were lots of them, like the whiteboard and some of the desks and tables. Then he pointed out the window. "And look outside, there's even more, practically everywhere you look!". He even persuaded Bill to take a quick walk around the block with him, pointing out every rectangle with rounded corners that he could find.

"A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture." [Source: <a href="http://www.uspto.gov/main/faq/index.html" rel="nofollow">http://www.uspto.gov/main/faq/index.html</a>]<p>I really try to be objective when reading things about this as I'm fairly negative when it comes to Apple and Patent discussion but can someone possibly more impartial explain the validity of this application to me? The quote above itself seems pretty clear that neither a <i>new</i> or <i>original</i> idea has been presented here.

They got a design patent for the iPad's design. Not for a rounded rectangle. Comp the first comment on arstechnica that jccc posted here.

It's not a rectangle, it's clearly either an iPad or Galaxy Tab. It's a rectangular slab of particular dimensions/proportions, rounded corners of a particular curvature, and a 4-sided front bezel of a particular, uniform width. In combination it's immediately recognizable as an iPad or iPad mimic.<p>If it were a rounded rectangle being patented, then the patent would look like this [0], not like that [1]. [0] is not recognizably an iPad.<p>[0] <a href="http://mathworld.wolfram.com/images/eps-gif/RoundedRectangle_1000.gif" rel="nofollow">http://mathworld.wolfram.com/images/eps-gif/RoundedRectangle...</a><p>[1] <a href="http://cdn.arstechnica.net/wp-content/uploads/2012/11/D607286_patent_figure-640x327.png" rel="nofollow">http://cdn.arstechnica.net/wp-content/uploads/2012/11/D60728...</a><p>full disclosure: I'm not "pro-Apple" in this case, I own a Galaxy Tab 10.1, and think design patents are a silly thing to enforce.

<i>Apple's latest iPad-related design patent is literally for the rounded rectangular front outlined in solid black.</i><p>Unfortunate use of the word "literally."<p>Anyway, this is what a rounded rectangle looks like: <a href="http://www.enfoportals.com/index_image953.png" rel="nofollow">http://www.enfoportals.com/index_image953.png</a><p>I don't see a third dimension, a button, a connector, a camera, a screen, speaker holes, and so on.<p>The current state of patents, design or otherwise, seems to be at new heights of stupidity. But this article–below the standard Ars usually lives up to, title, body content, and all–makes me wonder if the thoughtlessness of discourse on the subject isn't also setting some new records.

The USPTO seems to be focused on moving Silicone Valley to Asia. And the Bay Area is focused on becoming the next Detroit.

So does this mean Apple will now be competing in the medical plaster market or perhaps going back in time to compete with 1920 Rolex watch's or some other swiss watch maker.<p>Rounding corners is also staple children toy design mentality and common health and safty.<p>Does this mean non Apple tablet will now have to have sharp pointy edges as from that perspective, this is again another crazy move in the land of common sence. What next, cars now have to have square wheels as Apple obtains patent upon compressed rounded rectangles. I think I'm joking but had I read this upon the Onion I would of laughed, but nowadays the Onion seems too tame in contrast to actualy happening news, worrying times. I'm now off to sharpen the corners upon my old collectiuon of CRT based TV's, utterly pointless but it is the law (sorry joke just had to get out somehow).

On a related subject, are rounded rectangles so aesthetic to everyone? I think they used to be popular in the 50s, and apple revived them with brushed aluminum, but now we see them all over the web too. They bring to my mind old CRT televisions which is kinda kitsch imho.

Perhaps taken as a whole, with home button at bottom and camera at top when in portrait could be the extent of what this protects?

I came here expecting a lot of nonsense from people confusing design patents with utility patents. There's a bit of that, but most comments seem to get it.<p>Well done, HN. I knew there was a reason I deleted my reddit account.

So what exactly would you expect a design patent for the iPad to look like?

All of a sudden Battlestar Galactica paper makes sense.

There's a ton of prior art, how the hell did they get it?<p><a href="http://cdn.overclock.net/8/89/350x700px-LL-890c9df4_lg-prada-2.jpeg" rel="nofollow">http://cdn.overclock.net/8/89/350x700px-LL-890c9df4_lg-prada...</a><p><a href="http://forums.macnn.com/content/type/61/id/4951/width/350/height/700" rel="nofollow">http://forums.macnn.com/content/type/61/id/4951/width/350/he...</a><p><a href="http://forums.macnn.com/content/type/61/id/4952/width/350/height/700" rel="nofollow">http://forums.macnn.com/content/type/61/id/4952/width/350/he...</a><p><a href="http://forums.macnn.com/content/type/61/id/4950/width/500/height/1000" rel="nofollow">http://forums.macnn.com/content/type/61/id/4950/width/500/he...</a>

I bet they could not get a patent for rounded square, or squircle, because Zune already had it. <a href="http://en.wikipedia.org/wiki/Zune_Pad" rel="nofollow">http://en.wikipedia.org/wiki/Zune_Pad</a>