If the style over substance motto of Apple wasn't enough to make me hate them, this would have pushed me over the edge.Lawyers and other well paid douchebags for the computer and gadget manufacturer are pushing to answer the question "is pinching proprietary?" with a resounding yes. Inspired by the success of Apple's iPhone, many companies are releasing their own multitouch-enabled laptops, smartphones and tablets. And by doing so, these companies (including RIM, Nokia and Synaptics) may run afoul of multitouch patent applications recently filed by Apple.
"If Apple's patents are granted, the company could absolutely stop others from using similar technology," says Raj Abhyanker, a patent lawyer who used to write patent applications for Apple. "They'd also be in an especially good position to stop others from including certain features. Apple could stop [their use] not only on mobile devices but also desktops." Patent experts have stressed that the patent office can take four or more years to grant patents, and Apple is far from certain to win these patents. Other companies, including BenQ-Siemens and Nokia, have also filed patent applications on a series of gestures and touch applications for multitouch devices. However, with more than 200 patent claims for the iPhone alone, including several multitouch-related patent applications, Apple is clearly seeking to control as much of the multitouch world as it can.
Multitouch technology itself is far from being an Apple invention, but the iPhone is arguably the first mainstream gadget to successfully implement a set of concrete touch gestures and link them to specific functions. And that's where the sharks smell blood in the water. Pinching zooms in and out. Double tapping initiates a "smart zoom" that hones in on a particular area of the screen. While a gesture like "the pinch" in and of itself is not patentable, if you connect that motion to a specific function on a popular device, it is possible, as Apple reasons, to argue that other devices using the same technique are infringing.
Years before the iPhone and iPod Touch were introduced, the sneaky bastards at Apple began quietly filing detailed patents pertaining to the technology and user interface of its capacitive multitouch interface on the iPhone. Of course, they didn't innovate the process - the company is thought to have secured much of its multitouch and gesturing technology by acquiring a company called FingerWorks. As far back as 2004, Apple had begun filing applications for multipoint touchscreens and gestures connected to those touchscreens, including the pinch as well as other important usability features. All together, there are around 200 patents filed for the iPhone alone. This week, Apple filed yet another multitouch patent, this time for an advanced multitouch gesturing-control panel to be used in conjunction with Mac OS X.
At a basic level, winning a patent requires the development of "a new and useful process, machine or a composition of matter," according to the patent code. But there are other factors that weigh heavily in awarding a patent. Popularity often becomes a component in awarding some patents. There have also been cases where patents were awarded to companies who came up with novel uses or implementations for older technologies. While it would be hard to patent a simple flicking motion, the pinch in particular raises a red flag for some patent experts, who say that Apple could claim infringement if it is eventually awarded the patent.
All indications are that the company is very serious about this technology. On the same day the iPhone launched, Apple even applied for a trademark in a Far East intellectual property office for the term "multi-touch." Anybody still worried that Microsoft is the only evil empire?
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