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What is the first thing that comes to mind when you hear the word "design"? If you are an...
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Apple's intellectual property mix (patent rights x design rights)
Introducing an example of Apple's intellectual property mix. An example is the right to a button that unlocks a smartphone. We will also introduce our firm's thoughts on the importance of controlling both patents and designs.
Table of Contents
1. Patent Patent No. 5457679
[Patent number] Patent No. 5457679
[Application date] November 30, 2006
[Name or title] Apple Incorporated
[Claim 1]
A portable electronic device comprising a touch-sensitive display, a memory, one or more processors, and one or more programs stored in the memory and configured to be executed by the one or more processors, the one or more programs comprising:
instructions for detecting contact with the touch-sensitive display in an unlock image displayed at a first predetermined location on the touch-sensitive display;
instructions for moving the unlock image on the touch-sensitive display according to movement of the detected touch while maintaining sustained contact with the touch-sensitive display;
instructions for unlocking the portable electronic device and terminating the display of the unlock image when the unlock image moves from the first predetermined position on the touch sensitive display to a predetermined unlock area on the touch sensitive display;
The portable electronic device wherein the unlock image is a graphical, interactive user interface object with which a user interacts to unlock the portable electronic device.
(1) Instructions for detecting contact with the touch-sensitive display
in the unlock image displayed at a first predetermined position on the touch-sensitive display.(2) instructions for moving the unlocked image on the touch-sensitive display according to movement of the detected touch while maintaining persistent contact with the touch-sensitive display
(3) Instructions for unlocking the portable electronic device and ending displaying the unlock image when the unlock image moves from the first predetermined position on the touch sensitive display to a predetermined unlock area on the touch sensitive display.
Apple's patent content is as above, but regarding (3), it states that ``when moving from the first predetermined position to a predetermined unlock area...'', it states that unlock + end the display of the unlock image.There are no restrictions on which direction you can move your finger while touching, so the scope of the right may extend beyondmoving from left to right, making it a very broad right.
2. Design right Design registration No. 1356981
Patent attorney's comment
The design in question is a "partial design," and since the slide button and its surroundings are drawn with solid lines, this part is the scope of the rights. The slide button, arrow, and text "slide to unlock" are drawn with dashed lines, so they are excluded from the scope of rights. In other words, anything is fine.
[Registration number] Design registration No. 1356981
[Application date] July 9, 2007
[Design owner] Apple Incorporated
[Articles related to the design] Mobile information terminal
[Description of the Article to the Design] The article to the design is a portable information terminal equipped with a display unit, such as a computer, a portable electronic device, a media player (e.g., a music, video and/or game player), a media storage device, a personal digital assistant (PDA), a communication device (e.g., a mobile phone, an Internet browsing device, a GPS navigation device, etc.).application device) and/or this type of equipment. This product has a display on the front with a touch screen function, and by touching the display, the product can be operated.
[Description of Design] In all the drawings, the parts indicated by dotted lines are the parts other than the part for which design registration is sought as a partial design. In other words, in all the drawings, the figures, etc., displayed on the display part of the article, or a part thereof, are the parts for which design registration is sought as a partial design. The front view shows the state of the display section when electricity is applied, and the rectangle in the center is the display section. The front view is the opening screen that is displayed when the product is started. If you touch the slide button with an arrow at the bottom of the front view (see reference front view 1) and slide your finger to the right, the screen shown in reference front view 2 will be displayed as an unlocked screen on the display.
3. Intellectual property mix points
The right to designs extends to the extent that they are identical or similar. The above design rights extend to similar shapes of the slide button and its surroundings, but do not protect the idea itself.
A vague idea like sliding something from one position to another can only be protected by a patent. Personally, I think this is because the scope of patent rights can be abstracted through documents, whereas designs are mainly specified through drawings (including descriptions in applications, etc.).
Some people may think that a patent alone is enough, but that is not necessarily the case.
Personally, I imagine that patents are like zone defense in soccer, and designs are like man-to-man defense.
Before the enemy attacks, it is important to prevent them from entering your territory by defending in a zone like zone defense. Since patents have a wide range of rights, they can easily lead to protecting the business itself by preventing other companies from entering the business.
On the other hand, if a specific counterfeit product appears, it is more effective to protect it with one-on-one defense. Obtain multiple design rights, including related designs, to prevent specific imitations. In this way, in order to protect your business, it is better to protect your business with an intellectual property mix that combines patents and designs, rather than using a strategy that relies only on patents and designs.
4. Contact us
The patent attorney in charge will propose application strategies from the perspective of the intellectual property mix (patents, designs, trademarks), which is our firm's strength. Please feel free to contact us.
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AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).
