Google Patents the Design of Search Results Page 114
prostoalex writes "ZDNet is reporting that USPTO issued a patent to Google, Inc. for 'ornamental design for a graphical user interface'. This is not, as ZDNet points out, a software patent (which is usually issued as a utility patent), but a design patent, which governs the look and feel of the product and prevents others from directly copying it." Ironic, given Google's recent slip-up of copying a Yahoo page. In news on the flipside, Google has launched a patent search service (in beta).
Do no evil (Score:5, Funny)
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Try to get Google to delete your gmail
Easy got to trash and hit delete forever. Or are you talking about their T&C? My interpretation of that is the data does not get overwritten it just loses the pointer so you need to use an undelete program
Try to get Google out of China
That is not the problem. The problem is censorship. So is some or no data more evil?
Try to get Google to take an ethical stance on software patents or copyrights
what is your definition of ethical in this category?
Re:Do no evil (Score:5, Funny)
-Eric
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Has anyone thought that maybe, just maybe, that's a template provided by Microsoft? You know, since it's pitching the IE7 upgrade and all that.
RTFA (Score:5, Informative)
On the subject of them "copying" a Yahoo page:
Has anyone thought that maybe, just maybe, that's a template provided by Microsoft? You know, since it's pitching the IE7 upgrade and all that.
From the article [zawodny.com],
Quote "And I've checked with our PR group to make sure that this wasn't just a template that Microsoft gave to all partners. It's not." Unquote.
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We have a name for that:
Quote "Natural Language XML" Unquote.
Uncomment.
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I used pastel colors in a web years before gmail... can i patent it?
Please, Google's actions are NOT bad here! (Score:3, Funny)
*runs for the hills*
Re:Do no evil (Score:5, Interesting)
Since we're linking to Jeremy's blog post, I thought it might be worth while to also post Matt Cutts blog [mattcutts.com] regarding this 'drama'. Matt acknowledges Googles mistake (and by Google, we mean a person(s) working for Google who first, thought copying a Yahoo! page was a good idea and 2) got through management approval to let it go live.)
Matt also points out, probably more interesting, how Yahoo! is not entirely innocent [yahoo.com] when it comes to 'copying' what the competitor does. However, the comments on his page have an interesting discussion of which is truly worse? Copying UI/Layout/Design or Graphics/Layout/Design.
This is a tough call for me (as a web programmer/developer). I can kind of go both ways on this one. Patents and such are always a difficult concept to talk about. On one hand, they protect inventor and innovators, while on the other hand they're a forced 'legal' monopoly of "If they make it, you cannot make it too". As an inventor, I'd hate to create something, be original, and have it copied. As an average everyday person, I'd hate for one company to control a product and prevent natural competition.
In this sense, I cannot agree with myself on this situation. A photographer buys a Hamburger at a popular fast-food chain. Takes it home and opens it up and takes a photograph of it. A 2nd photographer see this photo (on the 1st photographers website) takes a hamburger from the same food-chain, and shoots a drastically similar photograph (the pickle is on the other side). A 3rd photographer cooked his own hamburger, and decided to take a photo of it, and has never seen photographer 1 or 2's photos, and his photo turns out to be almost the exact same image of the 1st photographer. Who's right? Who's wrong? Has a 'crime' (either moral, ethical, artistic, respectful, or legal) been committed?
Regarding the Google vs Yahoo!, it raises another question... online media. Graphics/Photos (JPG, GIFs, PNGS, etc) are protected, but what about UI? Layout? Coding practices? If it 'looks' the same on a monitor, is it not like being a Photo? After all, I can take a screen-capture and make it one easily. So, should it be equally worse to copy ones layout or design? Or even use similar or the same color palettes?
If I spend hours of time and money in R&D for the perfect usable interface, should my 'innovation' also be protected, the same as if I took the time to take a photo of something? After all, a layout/design is artistically placed in the same manner a photographer or painter choose the placement of objects in their shot and a designer chooses their color and brightness the same as a photographer or painter chooses theirs.
Cheers,
Fozzy
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A photographer buys a Hamburger at a popular fast-food chain. Takes it home and opens it up and takes a photograph of it.
OK, that photographer has copyright in the image
A 2nd photographer see this photo (on the 1st photographers website) takes a hamburger from the same food-chain, and shoots a drastically similar photograph (the pickle is on the other side).
There has been actual copying and this is a breach of the first photographer's copyright.
A 3rd photographer cooked his own hamburger, and decid
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There has been actual copying and this is a breach of the first photographer's copyright.
Actually, this isn't correct. The first photographer owns the copyright in HIS photo, the second photographer owns a copyright in HIS photo -- he hasn't copied the first photographer's photo, so there is no copyright infringement.
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Actually, this isn't correct.
IAAL - it is correct. If he used the original photo as the basis for his photo which is substantially the same, even if he reproduced it by means other than directly imaging the original photo, that is legally copying. Literal imaging is one way to copy, but not the only way.
But just because somebody photographs something doesn't give them the right to keep others from taking an identical photograph.
No, as long as the second photographer hasn't copied they can take an ide
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I'm not trying to start an argument or anything, but IAAL as well -- although I mainly work in patents, and only work in soft IP occassionally. Do you have a caselaw reference to support your argument, because this is not my understand
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Do you have a caselaw reference to support your argument
First principles applicable to copyright in general apply here - there is nothing that is unique to photography. However you could take a look at Rogers v. Koons 960 F.2d 301 (2d Cir. 1992) to see the way photography is protected by copyright - most notably that it does not require verbatim copying of the original image to infringe.
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Look and feel patents, like software patents... (Score:3, Insightful)
that's what's copyright is for!
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Re:Look and feel patents, like software patents... (Score:5, Insightful)
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Except if the patronage people/groups could make a profit off of distributing that work and sharing it with others, there would be a lot fewer groups. Effectively all music/tv/movie media would be the equivalent of what the independant and low-budget-for-donation-only groups do. I'm not saying those groups are all bad, but we'd still be missing a lot of quality stuff we have now.
Maybe, maybe not. (Score:2)
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Og: Hey, I just got this crazy idea of connecting two round stones to the ends of a horizontal pole. It'll make it easier to haul stuff around.
Me: Sounds great, but who will do your harvest duties while you build it? And how do you expect to get any money out of it, people will just copy you. I myself thought of this great tune, sang it to my wife and she loved it. But I'd never sing it public, they'd just learn it themselv
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Simple: they don't!
What is it with everybody always assuming the world needs full-time professional artists?! The human race did just fine -- and in some places, is still doing fine -- with everyone having a "day job" and making folk art for fun!
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So are you saying that it should be illegal for any artist to earn any money ever? Or do you think all "full-time professional artists" are subsidised by the government?
In fa
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How the Hell did you manage to imagine I said that? Quit the LSD, buddy!
The original post said copyright shouldn't exist. You replied, questioning how people could make a living out of creating art -- a statement which implies that having the ability to a living out of creating art is somehow necessary. I was just pointing out that it's not actually necessary, which is not the same thing as saying that it should be prohibite
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Billions of patents make innovation easier? No. (Score:2)
He also said that if somebody sues you for your shirt, give them your cloak as well. I guess that's his way of saying "have nothing to do with the law" and "give in to all confrontations (to gain rightesness)", "to be righteous while the LORD fights your battles".
Its a strange set of beliefs, actually, and I don't know if I've ever
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I'm sure that whoever makes those nice cushion things on pens got a patent, and I'm sure that's part of the user interface that makes it nicer. The patent on it makes sure that whoever invents it can profit from their work inventing it. Should that be unpatentable? The reason patents were invented were to protect innovation and invention. That
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You can't get a design patent on that. You can only get a design patent on the nonfunctional parts of something. Since the pad serves a functional purpose of enhancing grip and comfort, you can't get a design patent on it.
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In a nutshell design patents protect the ornamental design of an article of manufacture; utilitarian aspects play no part in evaluating this.
To cover a functional aspect of a screen layout a reg
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Re:Look and feel patents, like software patents... (Score:4, Insightful)
Design patents have existed forever. They are really no big deal. An item has to be almost exactly the same to infringe on them.
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Look and feel patent? Prohibited long ago. (Score:5, Interesting)
Re:Look and feel patent? Prohibited long ago. (Score:5, Informative)
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I would say it should be classified as "sculpture" and be copyrighted instead, but since copyright lasts (effectively) forever and patents don't, I'm happier with the patent!
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padding the patent portfolio (Score:5, Insightful)
In theory a problem for all the "if you can't beat 'em, join 'em (*ahem* confuse 'em?)" school of search destinations, but.. Google will never enforce the patent, so its probably moot...
----
graphically speaking [kotay.com]
Comment removed (Score:5, Insightful)
Comment removed (Score:5, Interesting)
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Fanboy defense (Score:2)
Google will never enforce the patent, so its probably moot...
That's the fanboy defense. Google will never enforce till they are doing well.
But the moment, Google starts making loses, starts getting screwed by some competitor,
I am sure the option of using the patent will look good.
Prior art and my previous patents (Score:5, Funny)
The entire content of the World Wide Web is in violation of my patent rights. E-mail me for the address to which you may send payments.
Assholes.
Re:Prior art and my previous patents (Score:4, Funny)
Oh yeah? Bring it on! [blankwebpage.com]
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Only on
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Oooh, too bad for you -- I've already patented the business method of "trolling for patent royalties via email." So yeah, just forward all those payments to me and I we'll call it even, eh?
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Oooh, too bad for you -- I've already patented the business method of "trolling for patent royalties via email."
Damn, you almost got away with this. The problem is that your comment obviously infringes on my trademarked " Ironic Twist ". Looks like our attorneys will have to exchange nasty letters until they decide how much Microsoft will have to pay each of us to settle this matter out of court.
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Fun Queries (Score:3, Interesting)
http://www.google.com/patents?q=wtf&btnG=Search+P
http://www.google.com/patents?q=peanut+butter+jel
http://www.google.com/patents?q=drm&btnG=Search+P
what happens to other ad networks? (Score:1)
Design? Google? (Score:5, Interesting)
really talking about it "organization". Afterall Google's result pages are
about as graphics-lite as a page can possibly be. Furthermore, they're affected
by client-side issues from screen-size to font settings. So the look of
the results page is in many ways a matter of client side rendering.
So I'm guessing we're talking about patenting the "organization" of data, and not
the specific visual identity of the search results themselves. So.... I'm not sure
I see the originality here. Google's advantage over previous-generation browsers
was ultimately speed and a kickass search & pagerank algorithm. But ultimately
the organization of the results doesn't seem entirely dissimilar from other
search engines.
And since this wasn't awarded a "utility" patent, we know we're not talking about
anything that has functional value -- just "visual originality". Take away
the Google logo and IMHO there's a whole lot of "visual originality" to the
results.
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design to having two potential meanings aesthetics and
form ("organization"). Then I expressed my *opinion* that
in terms of "form" I do not believe that Google has
significantly differentiated themselves from their
competitors.
Kapisch?
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Hear Hear!
What I want to know is what happens when they make a change to their page. Does that get covered too and all other (previous) versions not covered?
After all, when you patent something, then change it you have to get another patent to cover the changes (keeps the lawyer-monkies busy).
Rendering definitely has effects on overall design 'look & feel'.
Copyright should be the issue, all others: natch....
You can't copyright.. (Score:2)
Finding Out What Patents Are (Score:2)
But Carbon Copy (of Lotus) was OK? (Score:5, Insightful)
Years ago, there were Lotus 1-2-3 clones, which copied not only the general visual appearance but the actual menu layout, sequences, names, and functionality.
One of the more famous was literally named "Carbon Copy." That was the product name. Really.
Lotus took the company to court and lost. IIRC The court ruled that it was OK to copy the look, feel, and details of the Lotus product's menus, because there was no other way to produce a competitive product.
How the heck can a perfect functional duplicate of a complete menu tree be OK, but a vague organization of elements on a web screen be copyrightable?
This is not a case of Google being evil (although they are), this is a case of a sea change in what the United States is willing to grant IP protection to.
But at least it was the Google News screen. I was afraid maybe they'd gotten a patent on the spare, lean, mean Google Search screen and that it would now be compulsory for everyone else to have a cluttered web page.
Must hit Preview... must hit Preview... (Score:2)
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Probably because Lotus didn't bother to get a design patent on their interface. This may have something to do with them ripping off the interface from VisiCalc in the first place.
Re:But Carbon Copy (of Lotus) was OK? (Score:4, Interesting)
I've never heard of Carbon Copy. The only lawsuit I know of over a product with the degree of copying of 1-2-3 that you refer to is Lotus v. Paperback Software over VP-Planner, which Lotus won, on copyright grounds.
The court in Lotus v. Paperback actually ruled the exact opposite, on the basis of the fact that there were successful competing products that didn't do that.
Patents are not copyrights and are governed by different law. The reason people seek these kinds of patents now is that efforts to use copyright to protect general look and feel and short of fairly exact copying (such as that at issue in Lotus v. Paperback) failed in the 1980s and 1990s, (e.g., in Apple vs. HP and Microsoft, and in Lotus v. Borland), which have led companies to seek different means of protecting this aspect of their product from copycats; I don't think is a case of a change in what the US is willing to grant IP protection for so much as a change in what companies are seeking a particular kind of IP protection for, as a direct result of the failure of a different kind of IP protection to protect it.
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This is a design patent (which covers ornamental designs).
World of difference.
Patent Search is much more interesting (Score:4, Interesting)
The usual favorites:
http://www.google.com/patents?vid=USPAT6368227&id
http://www.google.com/patents?vid=USPAT5443036&id
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The results of patent searching have always been very dependant on the person performing the search. Patent agents/attorneys frequently use the USPTO search site, and it is terrible. Delphion probably still beats Google in terms of algorithms and raw searching power, but Google has advantages. The advantages namely include nice organization and insane
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I used the Google search to pull up a "memorable" application I examined that had a third party Reexamination request filed within a year of issue; the image file had the Reexamination certificate displayed right at the end of the o
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No way (Score:2)
Proof! [google.com]
Protect Your Freedom--Fight "Look And Feel" (Score:1)
What happened to "Do No Evil"? (Score:1)
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Yet another Google beta (Score:4, Funny)
MS patents an artwork for a desktop wallpaper (Score:2)
http://www.google.com/patents?vid=USPATD506475&id
Another proof that big corporations use their cash to patent everything they can.
A whole day of fun (Score:2, Funny)
Design patent definition (Score:3, Informative)
And for those of you too lazy to even click: "In the United States, a design patent is a patent granted on the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers (see Fig. 1) and computer icons are examples of what can be protected with design patents."
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Seems to cover product/news/travel results (Score:2)
I'm not 100% sure, since I can't seem to get to a technical description, just the pictures. But this isn't a patent on the design of general search results pages.
Great for old patents (Score:1)
What about Booble? (Score:1)
It's time to patent my Ass (Score:1)
Deja Vu all over again (Score:2)
Unfortunately the courts have no clear opinion on this. Lotus vs Borland made it all the way to the Supreme Court but was split 4-4 with one justice recusing himself.
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Those cases are a big part of the reason that software companies now seek patents to protect look and feel (since copyright fails to protect that), but the legal issues aren't the same, as patent law is not the same as copyright law.
How close does it need to be? (Score:1)
Design Patent != Utility Patent (Score:2)
Lotus had a utility patent on their look and feel.
Google has an "ornamental design" patent on their look and feel.
Utility patents cover methods and processes
Design patents cover look and only look.
In other words, to infringe a utility patent, you have to do the same thing in the same way (this is vastly simplified).
To infringe a design patent, you have to make som
Patent Search Using Google Would be a Huge Mistake (Score:1)
"Dibs!" "Shotgun!" (Score:2)
I really wonder if the world might not be better off without copyrights and patents. So what if it cut into record sales, and so what if some guy in his garage couldn't get exclusive rights to the next can opener? Maybe musicians would make a living from performing, or maybe they'd make music as a hobby, or maybe they
Is it "good" to destroy Tim's WWW vision? (Score:2)
---http://www.w3.org/People/Berners-Lee/FAQ from General Questions, 1998
When Tim Berners-Lee *invented* the Web, he deliberately deigned not to pin down a look and feel for it. Each browser would render it in their own way. He merely wanted a way to deliver Internet data in such a way that it *could be* perceived in an organi