The U.S. Patent and Trademark Office (USPTO) has proposed new rules that would effectively end the public’s ability to challenge improperly granted patents at the Patent Office itself. We need EFF supporters to file public comments opposing these rules this week. The USPTO is moving quickly, and staying silent will only help those who profit from abusive patents.
What is described in the second point is literally how Design Patent claims work. They don’t work the same way as utility patents. Anyway, yea, people not knowing how patents actually work aside, leadership at the USPTO is currently fucked.
The point is that design patents are fucking stupid and should not exist in the first place.
Apple has sued other phone manufacturers over them making a rectangle with rounded corners.
And it’s fucked.
Design patents effectively work like brand protection. They literally only protect new aesthetics and ornamentation. The reality is that the iPhone did start the trend of rounded corner rectangular touchscreen phones. When it first came out, it was a fairly novel form factor for a phone. It didn’t prevent other form factors from being released. Like, the fact that it is now so ubiquitous that we take for granted smartphones look this way is a testament to its success. And, actually, plenty of phones did right angle screen corners. Design Patents are extraordinarily narrow things and, among the many issues with the current USPTO and the US IP system in general, it is probably the absolutely least problematic piece.