Reply to post: Re: Pah!

Apple: Samsung ripped off our phone patent! USPTO: What patent?

Anonymous Coward
Anonymous Coward

Re: Pah!

But as noted above, it's not about the concept.

This is a design patent, not a "real" one. In the UK, it would be a registered design. The only concept here is about the shape of a phone/music player/PDA/novelty item/toy.

In the UK prosecuting for infingement of a registered design can be tough. If the shape of the screen (marked out in the original document) were different, then it could fail. Changing the shape of the control button to a rectangle could be enough. It's not a coincidence that Samsung have rectangular buttons on all their phones rather than circular ones.

Yes, calling it a "design patent" leads to confusion with utility patents. But they are different things. It's a bit like "Java" and "Javascript". People who read (and comment on the Register) will know the difference. People in the wider world, maybe not.

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