Not here to defend Google, but how can something trivial like that even be patentable?
Not here to defend Google, but how can something trivial like that even be patentable?
In my opinion, that's what has gone wrong with the system, i.e., not the theoretical criteria for patentability but its execution.
Thus defining "non-obviousness" is super hard to do -- because it is all context dependent and humans are like a million monkeys inventing everything that can possibly be invented in aggregate.
It only becomes novel due to the details of the tech. But even then you could implement the solution in various ways and I can’t imagine every potential method was patented.
So, while I agree the non-obvious can be hard to define. But with patents like this I don’t think we’ve found the right balance.
What a trash headline too. "Google doesn't want to pay for Sonos technology"...
What innovation is this? Speaker groups - has no one used a high end AV system. Zone A Zone B etc, and you have a remote etc for all this?
Those are just what I know off the top of my head from my own field. While there is plenty of incremental research in any field and plenty of situations where a motivated expert would have arrived at the same basic concept, it is not outlandishly uncommon for a truly novel, non-obvious idea to be presented. The problem for patent examiners is that they are not experts and the pace of software innovation leaves them baffled by the applications they are examining; there are also too few patent examiners to handle the volume of applications that are submitted.
One way to address the problem is to just abolish software patents entirely. Software was never meant to be patentable, at least not if you recognize software as a form of applied math (happy to argue this one all day long) and accept the idea that math is not (or should not be) patentable.
I like to explain it as similar to wheels being circles. Of course that is obvious once you see a circle shaped wheel, but the insight to do that in the first place is the novelty element.
Similar advances are happening in every little niche industry and novelty implies non-obvious.
“Control a group of speakers” - not patentable
“Control a group of speakers, but with software” - patentable
Maybe there’s some really interesting way Sonos controls speakers with software that should be patentable. But “with software” is not novel on its own.
The claim that they are obvious is based on the fact that anyone who is involved in the production of those prior incremental steps can see what can be done as the next increment. People are working on producing wheels using molds and certain materials. Across town, someone starts selling a new kind of mold or material. The "inventor" applies it to the molding of wheels.
Agree with your point though, and it may just be one of those impossible questions which is why the patent office struggles with how to make these decisions.
But when it comes to money-making patents, I think of technological development as an optimization process where everyone has the same objectives and a pretty limited search area at each point in time (available technologies you can use, textbook knowledge you can draw on). I'd generally expect any smart and dedicated person working on the problem to find the next best next steps sooner or later (certainly far less than 20 years).
Maybe take a 3rd party who is unaware of the patent/novel idea and then asking them how to solve for some generalized version of the problem that a patent states it is solving and see what happens.
Similar to black boxing that companies will do with tech that may have been shared under restricted terms.
Just do peer review and get experts' opinions. Don't tell them how to make it work, just tell them what it does. E.g. make the inventor provide a carefuully-worded abstract. By the way patents that claim the category of problem itself as the invention (as opposed to the specific method for solving the problem) are another big problem that needs to be eliminated. Those broad first claims are the ones shot down in challenges. For example "use a computer to processs transactions", or even "use a convolutional network to classify faces". These are not inventions; they are problems that still need to be solved, and it can be done many ways.
Anyway if you're uncertain about 6-months, how can you justify giving them 20 years of monopoly?
give a bunch of experts the claims in the patent and not how the patent implements the claim.
If the experts can find a way to implement the claim in a relatively short period, then the claim is obvious and should be rejected.
Of course it is possible that a more specific claim is not obvisous. For example, if there are specific performance requirements. If the initial claims are obvisious, the inventor can try again with more narrow claims.
Another requirement that is sorely needed is that an expert in the field can actually understand the patent in a reasonable period of time.
So if you could simply "give a bunch of experts the claims in the patent" and have them actually come up with something.. Well, then it'd be trivial to simply rewrite existing unsolved problems in "claim of method to solve problem" and they'd magically be able to solve it?
The problem is that obvious solutions become obvious only when they arrive, and not before.
Even framing a problem so that it can be solved is an example of this.. There are lots of problems that only appear after their solution. Before the solution, they weren't problems, but simply "how things are". Like, right now, we've not solved death, so for most people, it's not really a problem, it's just how things are.. If we solve death, future people will look back at us in disbelief: (You try to tell me people just DIED? and the entire world didn't unite to fix that? what the fuck was wrong with them? guess they got what they deserved..)
For the community, it is only worth granting a patent if the community gets something back in return. And that is, solving a problem we don't know how to solve. Obviously, that can be with efficiency parameters. If the simple solution is 50% efficient and the patent claims 90%. That may be worth the patent. And everybody else can keep using the 50% efficient solution.
In your example, if you now come up with a patent that solves death, then no expert will be able to find a solution in reasonable period.
If you can then show a working version that solves death, even if it is completely obvious in retrospect, it is worth a patent.
Otherwise, why would the community grant a relatively long term (about 20 years) of monopoly? It doesn't make sense to do that just for a clever business idea.
I'm unaware of many devices that output audio to multiple distinct bluetooth targets simultaneously. Bose have that feature as part of their app, but I don't think it's a standard thing as a rule.
Here is the abstract, you can see that it clearly is about the interface of creating and controlling the play group:
> A multimedia controller including a processor, the controller configured to: provide a user interface for a player group, wherein the player group includes a plurality of players in a local area network, and wherein each player is configured to playback a multimedia output from a multimedia source; accept an input to facilitate formation of the player group, indicating that at least two of the players in the local area network are to be included in the player group; for each of the plurality of players within the player group, accept an input to adjust a volume associated with the player, that causes the player to adjust its volume; and accept an input to adjust a volume associated with the player group, wherein the input to adjust the volume associated with the group causes the players in the player group to adjust their volumes.
> This application is a Continuation of U.S. Ser. No. 12/035,112, entitled “User Interfaces For Controlling And Manipulating Groupings In A Multi-Zone Media System”
Here’s another example. Wouldn’t it be neat if the tree control in your file browser could have an icon that represents more than 1 file. That idea may or may not have much value. But you better not implement that idea because IBM has a patent on it.
Patents in software rarely meet the bar that most people have of inventions.
the simple elegance of the following has been lost:
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
There's a reason orgs like the Alliance for Open Media -- a Google-led initiative -- use licensing that explicitly grants you use of the patents owned by member orgs, but also explicitly revoke those if you sue any of them over a patent claim.
It also works as a way to keep incumbents in power. Say Google has 100 important mobile OS patents and Apple has 100 important mobile OS patents. It makes sense for them to cross-license. But a new mobile OS entrant has nothing of interest to Google or Apple and so no way to get access to those important patents.
The problem with that is that we the customers end up as collateral damage.
I'm not taking Sonos' part here though: like other people here pointed out, I'm pretty sure they patented some very obvious things which they should imo never have gotten a patent for in the first place.
edited to add this link for reference: https://www.androidpolice.com/2020/12/10/the-forced-switch-t...
Even after that, I believe Google only used their patents defensively: they'd only sue company X for patent violations if company X sued Google for patent violations. When I worked there, that was the impression the company gave off, and some initiatives like "Alliance for Open Media" the other commenter mentioned are in line with that.
I don't think Google is unique in this: older tech companies seem to have more aggressive patent strategies, whereas newer (.com era and onward) seem to dislike software patents but are forced to play the game by more aggressive companies and patent trolls. It's a drag on the industry IMO.
The biggest losers are newer and smaller companies, who haven't had enough time or resources to build up a defensive patent portfolio.
I’m starting to understand the capitalism is cancer arguments. Infinite growth is unsustainable. So inevitably companies that were once great need to use tactics like this to continue their infinite growth trajectory.
Sonos, in this case, is 'kind of' a younger company. They're not making huge profits and 'free cash flow from a giant' would be huge for them.
Mostly, patents are used defensively, so that companies big and small, don't get sued by trolls or steamrolled.
That's still a problem. Suppose company X has a real innovation that is worth billions of dollars and google sues them using "bogus" patents? Most patents suck, but there are some that actually cover real innovation.
Bogus patents will be dismissed, eventually. Going to court means commiting to a multiyear-process with no clear outcome if the other party has a hefty patent portfolio (regardless of how you characterize them). The process is quicker and more painful against those without defense,as Google learned when Apple decided to go "Thermonuclear" with patents.
Now that Googles founders are no longer leading the company that might change, but so far their "do not be evil" still lives on in this regard, at least it did a few years ago.
It wasn't just rounded corners. It was a combination of design features for a specific device that, among other things, included rounded corners.
This wasn’t two companies that happened to come up with the same design, this was just blatant copying of pointless aesthetic details, which is illegal.
Which is very relevant in this case as in the court Samsung's lawyer couldn't tell iPad and Galaxy Tab apart from 10 feet away: https://appleinsider.com/articles/11/10/14/samsung_lawyer_co...
Whether it's appropriate to use sharp or rounder corners for a given tool is common knowledge dating back thousands of years. In this case it's based on grip, handling, taking it out of a pocket, not piercing that pocket, coexisting with other items in bag, etc.
Take say the blackberry bold 9930 it’s bottom is a single curve from edge to edge without any flat parts. Considering these phones had a single button at the bottom a curve like that would have simply saved material without compromising screen size and better fit into peoples hands. There are actually a host of odd ruggedized smartphones like: https://www.catphones.com/en-us/cat-s48c-smartphone/ Even for laptops you get a lot of odd edges look at the HP’s Omen X 2S.
Don’t want any of those looks? It’s fine there where plenty of other things they could have done to differentiate these phones like say volume buttons next to the center one, or a back button for web pages etc. It’s only when you copy everything that it’s no longer your style it’s Apple’s.
Net result in the US: The jury trial for damages concluded on May 24, 2018, awarding Apple $539 million, which includes $399 million for damages of Samsung's products sold that infringed on the patents. Germany acted much faster and simply blocked Galaxy 10.1 sales.
Hell, even my kindle basically looks like this. My TV looks like this except for the rounded corners (which it doesn’t need because it’s not intended to be held).
IMO, these designs seem geared to upselling cases rather than anything approaching an ideal.
The ability to throw a case on it is a feature, not a misdesign. I don’t want a bulky tablet to protect the corners. I’ll put a case on it for that. I happen to not want that so I have a very minimal case on all my devices.
Every version of the current base/mini/pro model iPad actually has quite a wide bezel in part because people lose so much of the front screen to their cases/hands. https://www.apple.com/ipad-10.2/ You simply can’t comfortably cup them the way you can a phone.
Bezels are wide to accommodate hands, though, not cases. Good cases can obscure nearly none of the bezel.
An integrated 5-10 grams on a 487 gram iPad could give you a lot of protection. That’s about the point where they should survive a 4 foot drop onto wood/tile/concrete from any angle. I am not saying that’s going to prevent everyone from buying a case, but if close to 80% of the market is buying a case perhaps they could simply make something people would be less concerned about.
I am not saying your wrong, it’s just I don’t understand your point.
It protects from scratches and very light falls, such as being bumped off a table. A drop from chest height would be iffy.
Is it? What about non-rounded corners?
You will then be surprised that car manufacturers often engage in court battles against Chinese knock-offs.
They had to restrict the icons into colored because there was prior art for B&W. The entire thing is a farce.
I don't think there has been prior art, once you consider all the irrelevant details. There very likely isn't, because if there was, Samsung would have used it.
IMO Apple had a copyright, maybe, it shouldn't have been patentable though. Design != technology so shouldn't be patentable.
For one, it lasts forever.
But isn't that what computers are supposed to be for; networking and connecting devices so that one can control them easily?
1. Sonos holds such patents
2. Google (the trillion dollar company) is actively making its products worse for users instead of licensing said patents. These are not free products like GMail, these are products that people have paid for, and these are not trivial features, these are features that were actively marketed for the product.
Perhaps we could discuss this, the actually interesting topic, instead of the same boring discussion about the broken US patent system again and again.
On the otherhand, I will no longer consider Sonos products. Be better Sonos. Bluesound seems like the better alternative that is pushing for innovation over pure profit.
[1] https://en.wikipedia.org/wiki/1-Click
[2] http://www.oreillynet.com/pub/a/oreilly/news/patent_archive....
If "buy" buttons can be patented, pretty much anything can be.