Invalid iPhone Patents Get Apple Involved in Another Lawsuit

[Michael Essany]

If you're not shocked that Apple is on the receiving end of another lawsuit, you're not alone. For as long as anyone can remember, the folks in Cupertino have been swatting at lawsuits like a swarm of mosquitoes buzzing around their heads. The latest legal news, however, has Apple taking fire from some within the world's largest mobile community.

If you're not well-versed in Chinese law, here's what you need to know to understand the situation in which Apple now finds itself. Chinese law dictates that it's only possible to apply for "product-specific patents." In other words, if you obtain a blanket patent for a variety of products, the Chinese will not recognize the patent and it will effectively be rendered "invalid."

Chinese-based Herron Network Information Co. has filed suit against Apple along with the Chinese Patent Bureau regarding Apple's blanket patents. According to MeizuMe: "Apple filed a patent covering three products. When the Patent Bureau saw that Apple did not specify what product the patent was for, they helped Apple register the patent for their mobile phone." The patent, however, simply pointed to a simple mobile device design with rounded edges, vertical display, and round master control button.

Apple product knock-off makers will be paying very close attention to the outcome of this latest legal skirmish as the black market for fake or cloned Apple products has become a booming business. If Apple's patent is, indeed, deemed "invalid," it could open up the floodgates for "similar" products in China.

MeizuMe

[Zokunei]

I knew Apple's patents were always too vague.

[calebratm]

Apple will be involved in one lawsuit or anither till they eventually take over the world and then probably get sued for that. And the t-800 will become lawyers

[AnthonyGiola]

Apple will be involved in one lawsuit or anither till they eventually take over the world and then probably get sued for that. And the t-800 will become lawyers

Its an invalid point to sue when you know you will go to court where t-800's will blow your head off...

[sziklassy]

If you're not well-versed in Chinese law, here's what you need to know to understand the situation in which Apple now finds itself. Chinese law dictates that it's only possible to apply for "product-specific patents." In other words, if you obtain a blanket patent for a variety of products, the Chinese will not recognize the patent and it will effectively be rendered "invalid."

So when is US law going to become something like this? I never thought I would say this on China and their laws, but they completely have us beat on this one. Allowing "blanket" patents in our current system is a load of bull and I think everyone (including the people abusing the system in this way) knows it.

[manickbarry]

Apple will be involved in one lawsuit or anither till they eventually take over the world and then probably get sued for that. And the t-800 will become lawyers

Lol they will just start suing each other

[blueblaze4444]

Lol. And then eventually Apple will start suing itself.

btw that pic would be awesome for lawyers or judges who are also Apple Fans.

[5h4d0w]

Who cares what China, or any other country, says. It's an American Patent, so the Chinese have no say in whether or not it's valid.

[crackertime]

I don't believe that the ramifications of the invalidity of Apple's patent in China worry anyone in terms of sales within the US. The Chinese law will not be adopted there. However if Apple's patent is invalid in China then they will no longer be the only ones selling iPhones eventually. That is the issue, not the Chinese changing US law.

I have felt too reading about Apple's patents in the past that they seem to patent ideas, and potential ways of doing things, which seems like it is a monopoly promoting tendency within US law.

[CaptainChaos]

Except when it comes to Chinese people creating Chinese products in China. Then China has absolute right to question patents. The world doesn't revolve around the U.S. It revolves around the Sun.

[joffa]

The world doesn't revolve around the U.S. It revolves around the Sun.[/QUOTE]

Tell the USA that!!


Joffa

[politicalslug]

Typical. The Chinese government lured tech companies in and once there all promises of respecting intellectual property went out the window. This is how China has managed to grow their economy, only by stealing ideas from the West. When will China's own scientists start creating something original?

[CaptainChaos]

When will the U.S. put its foot down and make people actually manufacture goods in the States again? It is time to see more 'Made in the USA' stickers on products.

[Buffolus]

That's rite my fellow Chinese. Please Su them. Cause you the Chinese people are the perfect one an the fittest. To go against napple. An o it to u the maker.

It's about time someone teach apple a leson to learn. Just think you can get away on every thing. An that's what they get for taking jobs an factory to other country to slave these poor people.

[priezti]

its like filing a patent for a car that has four wheels and an engine

[whereswaldo]

China isn't the only place, I'm pretty sure that patents can only cover a certain sector almost everywhere

[lordz]

Who would wanna knock off pile anyway they look feel a run like ****

[dhamien]

Who would wanna knock off pile anyway they look feel a run like ****

Coherence? Overrated.

On the subject, does it even matter if they dismiss a patent in China? Don't they make copies of everything regardless if it's patented or not?

[JacquesChirac]

The reason why you don't patent specific products and you patent a "blanket" of products is because you don't want people stealing your ideas with minor tweakings. The term "blanket" in this article here is actually kind of misleading because you aren't really "blanketing a patent" in the sense that you aren't applying the patent as protection for something that the patent does not explicitly and specifically protect. In China, the patent laws are actually pretty unfair and unenforced, although at first glance it may not seem that way.

For example, imagine you're a company that has made an awesome product with completely original technology and style. According to Chinese law, you can take that product, change the color a little bit, tweak some features, and add a pencil holder, and all of a sudden you can start selling the product you stole as your own. This isn't a very accurate example, but it gives you the gist

that isn't to say though, that apple or most companies for that matter don't strategically "borrow" ideas and strategically overextrapolate patents.

[romeo_herman]

I don't understand why China sued apple, what I know products of apple are Assembled in China.....