Microsoft Patents "Cartoon Face Generation" 117
theodp writes "The latest round of patents granted by the USPTO included one for Cartoon Face Generation, an invention which Microsoft explains 'generates an attractive cartoon face or graphic of a user's facial image'. Microsoft adds, 'The style of cartoon face achieved resembles the likeness of the user more than cartoons generated by conventional vector-based cartooning techniques. The cartoon faces thus achieved provide an attractive facial appearance and thus have wide applicability in art, gaming, and messaging applications in which a pleasing degree of realism is desirable without exaggerated comedy or caricature.' A Microsoft Research Face SDK Beta is available. Hey, too bad Microsoft didn't have this technology when they generated Bob from Ralphie!"
For Windows Phone only (Score:5, Interesting)
Before you waste your time downloading the SDK note that it is for windows phone 7 only. I know they did sell a few, but I've never met anyone who bought one.
3DS and Wii U (Score:4, Interesting)
Re:Prior art (Score:4, Interesting)
Unfortunately, that's what most software patents seem to be like. Look at the ridiculous 'rubber-band' effect for indicating you've reached the end of scrolling in iOS. The patent office approved it and I believe ruled against Samsung in using it. I can almost guarantee the code used to implement it was not the same. That is patenting the idea, not the implementation. The same goes for most other examples of software patents. You can't work around them by doing something differently, you must actually do something different, or so it would appear.
Re:Cartoon Face Generation (Score:5, Interesting)
Let me tell you a few things about patents (Score:5, Interesting)
First of all the bottom line - patents suck shit. I'll try to explain, although there's so much to tell.
The only positive thing about patents was the original idea that inventors need a tool to protect themselves from copycats. A pretty good idea, but then came other people and turned the idea into a steaming pile of shit, as we often do with everything.
There's a number of complexities that people do not take into account when they file a patent:
1. It's freaking expensive because at some point you have to work with patent attorneys. You can submit provisional yourself, but you must hire patent attorney in PCT or National phases and it's unlikely that you can use proper language that the patent attorney will use, so you risk not having your provisional be considered a priority document (which sets the priority date, when your invention is considered to be created).
2. You'll spend a lot of time on it. Time that could better be spent on building and improving your product.
3. You'd have to reveal all details of your invention to everyone. What if it's hard or even impossible to prove if anyone infringes it later? Patent attorneys will never tell you not to patent it (see #2 above).
4. There's a very good chance that there's something like you invented already, so you won't get a patent despite all the efforts. In other words, unless your invention is abso-fucking-lutely genius, you're doomed to fail on "novelty" or "inventive step" requirements. Almost no doubt about it. Patent examiners are not the sharpest pencils in the box. Read this if you don't believe it: http://www.cbsnews.com/8301-505124_162-57581797/the-letter-to-the-patent-office-you-have-to-read/
5. Let say you got your patent granted. You think you just skipped to the "profit" bullet? Ha! In order to benefit from your patent you need someone who infringes it and benefits enough from it to pay you damages. Not a small startup, they won't be able to pay you damages so no sane lawyer will take your case. If the infringing party is rich enough they still need to benefit enough from the infringing product or again no sane jury will give you the damages. Take into account that the bigger the infringer is, the stronger they'll fight you. They will bully and starve you.
6. IP cases take a very long time and cost millions of dollars, and their lawyers will drag you all the way through Inter Party Review at USPTO (where they'll reexamine your patent, another year and $500K) and it's quite possible that they will find some freaking conference presentation in Chinese that's close enough to your invention. Nobody will give a shit that you don't understand Chinese and never been to that conference.
7. In the US you could go to ITC (International Trade Commission) instead of a district court, but that only works when the infringing party is a foreign company and they import the infringing products into the US. ITC also doesn't give you damages, they can only stop the import of infringing products.
All the above taken from my very bitter experience in managing about 40 patent apps in different country.
JUST DON'T DO IT