Apple granted “Steve Jobs patent”
A five-year-old US patent application from Apple claiming 20 methods relating to touch screen technology has been deemed patentable despite an anonymous challenge.
The patent, US number 7,479,949, is for a "touch screen device, method, and graphical user interface for determining commands by applying heuristics."
It was filed by “Steve Jobs et al” in 2008 and was dubbed the “Steve Jobs patent” in homage to Apple’s late chief executive.
In December last year, in a first office action, the United States Patent and Trademark Office (USPTO) rejected 20 of its claims following an anonymous challenge.
However, after re-examining the application, the office has now accepted its claims.
In a re-examination certificate, published last month, the USPTO said no amendments had been made to the patent.
“As a result of the re-examination, it has been determined that the patentability of claims 1-20 is confirmed," it said.
“This is a big strategic win for apple and will make it very difficult for competitors,” said Thomas Kohler, partner at Downs Rachlin Martin PLLC in Burlington, Vermont, US.
The original application consists of 364-pages of methods dating back to September 2006 and covers many details of the original iPhone.
“Apple’s contention seems to be that it has the monopoly on the basic functionality of what people consider to make-up the modern smartphone, including the touch screen element,” Kohler told WIPR.
Kohler added that it was hard to say whether the decision would result in an increase in litigation and said a key factor would be the exact wording in the patent’s claim.
“Competitors may just hold their hands up but will likely try to find a way of accomplishing the same effect without running into its claims.
“It’s possible that on the face of it, the device seems to be operating in the same way, but what is crucial is what is going on behind the scenes.”
Kohler added, “In the last few years other companies including Android have made huge inroads into its [Apple’s] market share. I can see Apple being very aggressive with this and re-assert that market share it once had. It’s only going to encourage Apple.”
