Unless you've been away from planet Earth since Monday, you should have almost certainly heard about Google's big announcement on Monday that they are buying Motorola Mobility. You probably also know the reason they felt compelled to spend more than $12 billion dollars was a bundle of patents that came with the deal.
What you may be wondering is why a company like Google, with so many innovations under their belt, needs to buy patents. Shouldn't they already be collecting patents daily in the course of normal business?
In fact the answer is no, and that's the not so secret reality of the software patent game. Software patents usually have little or nothing to do with software.
Let's look at one of the most significant software patents in the mobile OS world. US Patent 7,966,578 (full patent documentation below) covers one of the most elementary features of every modern touch interface - moving the display by swiping.
Since this is a process patent, it is supposed to to lay out not just what the input and output is, but also what happens in between. Can you find that in the patent description?
Don't feel bad if you couldn't. In fact almost the entirety of the process is in the word "translate." This patent doesn't describe an invention. It merely tells you where an invention will fit into the process of swiping.
In the electronics world, this sort of thing is known as a black box. By definition, you don't know (or care) how it works. All you need to know about a black box is when the input is X, the output will be Y.
There's nothing wrong with black boxes. They're useful when you need to figure out how to do something without an in depth understanding of every component involved.
But black boxes aren't supposed to be patentable. The trade off for patent protection is providing a blueprint for others to build your invention when it falls into the public domain. A black box is not a blueprint.
Nevertheless, this sort of patent is currently legal under US law, and it happens to be owned by Apple. If you want to distribute software which uses swipe gestures to move objects on a touchscreen you will have to license it.
Apple would prefer not to license this patent to anyone, and why should they? Refusing to license it cripples the competition. Any potential license fees pale in comparison to the money Apple could make by cornering the smartphone and tablet markets.
That's where Motorola's patents come into the picture. Prior to Google's announcement, Motorola was already involved in a patent lawsuit against Apple. Google is betting on the threat of Motorola's patents forcing Apple, Microsoft, and various other companies to agree to a cease fire in the smartphone patent war.
Once US and European regulators approve the sale, the real work begins. At that point Google will have to sit down with dozens of companies to negotiate. It could take weeks, months, or even years for the dust to settle.
The good news for Google is they have the kind of cash reserves required for protracted legal battles. The bad news is they might need it.
In fact the answer is no, and that's the not so secret reality of the software patent game. Software patents usually have little or nothing to do with software.
Let's look at one of the most significant software patents in the mobile OS world. US Patent 7,966,578 (full patent documentation below) covers one of the most elementary features of every modern touch interface - moving the display by swiping.
A computer-implemented method, for use in conjunction with a portable multifunction device with a touch screen display, comprises displaying a portion of page content, including a frame displaying a portion of frame content and also including other content of the page, on the touch screen display. An N-finger translation gesture is detected on or near the touch screen display. In response, the page content, including the displayed portion of the frame content and the other content of the page, is translated to display a new portion of page content on the touch screen display. An M-finger translation gesture is detected on or near the touch screen display, where M is a different number than N. In response, the frame content is translated to display a new portion of frame content on the touch screen display, without translating the other content of the page.
Since this is a process patent, it is supposed to to lay out not just what the input and output is, but also what happens in between. Can you find that in the patent description?
Don't feel bad if you couldn't. In fact almost the entirety of the process is in the word "translate." This patent doesn't describe an invention. It merely tells you where an invention will fit into the process of swiping.
In the electronics world, this sort of thing is known as a black box. By definition, you don't know (or care) how it works. All you need to know about a black box is when the input is X, the output will be Y.
There's nothing wrong with black boxes. They're useful when you need to figure out how to do something without an in depth understanding of every component involved.
But black boxes aren't supposed to be patentable. The trade off for patent protection is providing a blueprint for others to build your invention when it falls into the public domain. A black box is not a blueprint.
Nevertheless, this sort of patent is currently legal under US law, and it happens to be owned by Apple. If you want to distribute software which uses swipe gestures to move objects on a touchscreen you will have to license it.
Apple would prefer not to license this patent to anyone, and why should they? Refusing to license it cripples the competition. Any potential license fees pale in comparison to the money Apple could make by cornering the smartphone and tablet markets.
That's where Motorola's patents come into the picture. Prior to Google's announcement, Motorola was already involved in a patent lawsuit against Apple. Google is betting on the threat of Motorola's patents forcing Apple, Microsoft, and various other companies to agree to a cease fire in the smartphone patent war.
Once US and European regulators approve the sale, the real work begins. At that point Google will have to sit down with dozens of companies to negotiate. It could take weeks, months, or even years for the dust to settle.
The good news for Google is they have the kind of cash reserves required for protracted legal battles. The bad news is they might need it.
