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Cell phones: Poll: Time naming the iPhone "Invention of the year"
- 11/7/07 1:26 PM
What Does U.S. Patent Law Say An Invention Is?
by nycwebdude - 11/7/07 4:14 PM In reply to: Poll: Time naming the iPhone "Invention of the year" by Lee Koo (ADMIN)
U.S. Patent Law defines invention as: "a new, useful process, machine, improvement, etc., that did not exist previously and that is recognized as the product of some unique intuition or genius, as distinguished from ordinary mechanical skill or craftsmanship." Using that formula, Time Magazine's awarding the Apple iPhone as the "Invention of the Year" seems perfectly legitimate. When you look at the plain facts of the statement, they did not issue and award to Apple for inventing the cell-phone; they gave recognition to Apple for "a new useful process, machine, improvement, etc. that did not exist previously and that is recognized as the product of some intuion or genius, as distinguished from ordinary mechanical skill or craftsmanship." Regardless of whether you are an Apple"head" or not - it's hard to dispute the iPhone isn't each and every one of these things.
HUH???!!!????
by schlice - 11/7/07 11:35 PM In reply to: What Does U.S. Patent Law Say An Invention Is? by nycwebdudeBy your own definition of invention, the iPhone does NOT qualify!
"a new, useful process, machine, improvement, etc., that did not exist previously and that is recognized as the product of some unique intuition or genius, as distinguished from ordinary mechanical skill or craftsmanship."
What exactly does the iPhone do that we did not do previously? I was watching movies, listening to music, and surfing the web on my cell phone LONG before the iPhone was released. Let's break it down further:
New, useful process, machine, improvement, etc.: YES
that did not exist previously: NO
the product of some UNIQUE intuition or genius as distinguished from ordinary mechanical skill or crafstmanship: DEBATABLE
Clearly, the ability to use a phone and watch movies, listen to music, and surf the web have all been done before, and all together as well. This all existed before the iPhone.
Therefore, it clearly does not qualify as an invention.
That interpretation is incorrect
by thesimulacra - 11/8/07 6:20 AM In reply to: What Does U.S. Patent Law Say An Invention Is? by nycwebdudeI work at an actual patent law firm and I can tell you that the iPhone is not patentable as a new device. Cell phones are patented as design patents, which only certifies that the DESIGN of the product is new (the shell). What Apple CAN patent according to U.S. and international patent law is whatever new parts of the phone they may have invented. If their operating system/GUI is new or does something new, they can patent that, if the wireless transmitter/receiver technology is new, they can patent that, and so on. But they can only patent them separately. The iPhone as a whole, is not patentable for the same reason that the iPod is not patentable: because there was already "prior art", a.k.a. there were previous inventions that do the same thing.
Yeah
by firemind14 - 11/7/07 4:23 PM In reply to: Poll: Time naming the iPhone "Invention of the year" by Lee Koo (ADMIN)
Yes. No other device utilizes phone, internet, and media player like the Iphone does.
Time bah!
by sdpate - 11/7/07 4:37 PM In reply to: Yeah by firemind14When did Time magazine ever get it right. Everyone they name as man of the year is a has-been.
Time represents the old media, un-hip, unconnected - Reader's Digest
Yeah?
by schlice - 11/7/07 11:38 PM In reply to: Yeah by firemind14> No other device utilizes phone, internet, and media player like the Iphone does.
That's an innovation, an improvement, an enhancement.
Not an invention. An invention does something that was never done before. The iPhone does all the same stuff in pretty, new ways.
That does not qualify it as an invention.
Lack of novel application
by PhoenixClaw - 11/7/07 4:24 PM In reply to: Poll: Time naming the iPhone "Invention of the year" by Lee Koo (ADMIN)
Apple did not create new applications with the iPhone, it simply combined pre-existing devices into one. It is an improvement over other devices given its small size. It's OS is also innovative, integrating video, phone, mp3 player, and internet into one seamless package. But beyond that, there's not enough novelty or impact on society to qualify as an invention, let alone "-of the year".
???
by vnatar - 11/7/07 4:26 PM In reply to: Lack of novel application by PhoenixClaw//integrating video, phone, mp3 player, //
my sony erricson can play video, make calls, play mp3
so sony erricson phones are inventions?
:)
by vnatar - 11/7/07 4:28 PM In reply to: Lack of novel application by PhoenixClaw//Yes. No other device utilizes phone, internet, and media player like the Iphone does.//
I think you are not aware of/ never used the modern day cell phones.
I'm gonna have to reply with a HELL NO!
by Rod Roddy - 11/7/07 4:25 PM In reply to: Poll: Time naming the iPhone "Invention of the year" by Lee Koo (ADMIN)
Is Time magazine serious? What has the iPhone done to cell phone technology that will change the industry for at least the next 20 years???? I can't think of one thing. Sure it looks nice, but this is not a beauty contest. OOOH touch screen--been there, done that.
Well it acts like a little computer...yeah so does a Blackberry and other similar devices. Who is Time trying to kid? If the iPhone is to be the "invention of the year" then along with it's unimpressive line of features,it better have the ability to wash my dishes and walk my dog! Now we're talkin'
No way;
by oracle741 - 11/7/07 4:26 PM In reply to: Poll: Time naming the iPhone "Invention of the year" by Lee Koo (ADMIN)
Apple "inventing" the iphone is like saying Al Gore invented the internet.
Okay
by thesimulacra - 11/8/07 6:42 AM In reply to: No way; by oracle741So I know that's a joke and it's very funny but in the interest of trying to kill this stupid malignant myth that has thus far resulted in the decline of Western Civilization hopping into the fast lane (aka Supreme Leader George W. Bush being elected)...
Al Gore never claimed to have invented the Internet.
What he DID say was:
"During my service in the United States Congress, I took the initiative in creating the Internet."
Which is absolutely correct, because he drafted and had this passed:
http://en.wikipedia.org/wiki/High_Performance_Computing_and_Communication_Act_of_1991
He never used the word "invented", he never said anything that wasn't true. We just had the wool pulled over our eyes by Dick Armey and the RNC, with a little help from the ADHD mainstream media.
I can't beleive this.
by davidblack9071 - 11/7/07 4:32 PM In reply to: Poll: Time naming the iPhone "Invention of the year" by Lee Koo (ADMIN)
I can't believe that time magazine has become so intellectually lazy as to consider the I phone an invention. If you buy an Iphone you are a sheep. You no longer have critical thinking skills. Maddox says it best in the article below.
http://www.thebestpageintheuniverse.net/c.cgi?u=iphone
I just can't believe that in the areas of medicine, defense, communications, and the environment that something hasn't been invented that has had a greater impact on our lives than the I phone. I swear to god if it were my job to come up with a story for time I would put a lot more time and energy into it than to pick the most popular device.
The Apple i what?
by Kitty I - 11/7/07 4:32 PM In reply to: Poll: Time naming the iPhone "Invention of the year" by Lee Koo (ADMIN)
Patents must be taken out on improvements to existing products, the same as newly invented ones. I'm guessing that's why this improvement is being considered an invention.
I'm not that into a cellphone/computer thingy...I'm still using my Sony-Eriksson phone I've had for the past five (5) years and STILL have never even had to change the battery. More bells and whistles just mean more to go wrong. Spending that much for a phone is lunacy in my book. Okay, you asked, now you know my opinion. Thanks for reading it!
Ms. Kittyi
You're a bit off there
by thesimulacra - 11/8/07 6:54 AM In reply to: The Apple i what? by Kitty IFirst they have to actually prove that it's a new improvement to an existing product. The only thing new is the mobile operating system and the physical design. The cell phone technology itself has not been modified, therefore it does not qualify according to patent law as an improvement to cell phones. You have to understand the difference between a strict legal definition of a word like "improvement" and the way we casually use it in everyday language. The iPhone's innovations are subjective - some people (like Maddox) may prefer the Nokia N70's method of innovating, or one of the HPC units out there.
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