"The technological pieces don't have to be new to be able to patent an interface like that," he says. William James, an attorney with Van Pelt, Yi & James, which counts Apple among its clients, agrees. Multitouch may not be new, but "using the pinching motion where the zoom is relative to the space between the users fingers … meets the base requirement for patentability," according to Peterman. There have also been cases where patents were awarded to companies who came up with novel uses or implementations for older technologies. Popularity often becomes a component in awarding some patents. But there are other factors that weigh heavily in awarding a patent. 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.įor companies like Synaptics, which is trying to bring the rest of the industry up to speed with its own brand of multitouch technologies, Apple's pending patents could spell trouble.Īt 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. All together, there are around 200 patents filed for the iPhone alone. 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. Its founders, Wayne Westerman and John Elias, have continued working for Apple and filing multitouch patents. The company is thought to have secured much of its multitouch and gesturing technology by acquiring a company called FingerWorks. Years before the iPhone and iPod Touch were introduced, Apple began quietly filing detailed patents pertaining to the technology and user interface of its capacitive multitouch interface on the iPhone. "My guess would be that 80 to 90 percent of consumer notebooks will have these new multigestures by the end of the year," says Mark Vena, vice president of Synaptics' PC business unit. 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. Indeed, other companies, including BenQ-Siemens and Nokia, have also filed patent applications on a series of gestures and touch applications for multitouch devices. Patent experts contacted by stressed that the patent office can take four or more years to grant patents, and Apple is far from certain to win these patents. Apple could stop not only on mobile devices but also desktops." "They'd also be in an especially good position to stop others from including certain features. "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. In doing so, these companies - including RIM, Nokia and Synaptics - may run afoul of multitouch patent applications recently filed by Apple. ![]() AP/Sakuma Is pinching proprietary? We may find out in the coming months as many companies, inspired by the success of Apple's iPhone, release their own multitouch-enabled laptops, smartphones and tablets. If Apple's attorneys have the right touch to get patents for its "pinch" and other multitouch gestures used on the iPhone, the company may be able to put the touch on competitors that want to use the same gestures on their devices.
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