Don't you love it when someone says they hate talking about something and then they go ahead and do it regardless. Yes - this is one of those cases. With “this” being in regards to patents relating to iOS devices. In some cases patents work for Apple and in some cases they work against Apple (See my article on patent trolls, or read the way to numerous articles out there on Apple caving recently to Nokia’s patent portfolio and agreeing to pay a large lump sum for past sales of iOS devices and a license going forward for the sale of new iOS devices). Why I hate talking about patent issues is that they very rarely directly affect the end users. Does anyone that purchased an iOS device really care about the Nokia / Apple agreement? No. Going forward it will not stop or restrict any end users from being able to purchase an iOS device and it will not likely change the pricing of the iOS devices. (Apple is not likely going to raise the price of the iPad from $499 to $504.63 to cover additional license fees.)
Another patent story making its way around the tech circuit is the patent Apple applied for that would allow Apple to turn off the camera of your iOS device if you were trying to record at an event like a concert or movie where that venue is equipped with the tech to transmit an IR signal that could be picked up by your phone and keep the camera from working. This story has gotten legs such that it has crossed out of the tech circuit and made its way over to the political circuit. Some are afraid that governments could abuse this technology. I even received an email from SaveTheInternet.com railing against Apple and Steve Jobs for “creating” this technology. I am usually in full support of SaveTheInternet.com but this time not so much. The patent application they are complaining about was submitted back in December of 2009. Apple does not wait for patents to be issued to make tech available – in many cases they will apply for the patent after the tech or product is already out in the marketplace. After all if a technology is really worth using Apple wants to get it out as fast as possible and does not want to wait for the USPTO to finish up their end of things.
This is something that is lost on all those rumor sites that do articles about an upcoming feature or technology that Apple will have in a future iOS device because Apple has just submitted or received a patent for said technology. Again if that feature was really worth being in an iOS device the vast majority of the time it would already be in there. That seems to be the case with the “Camera Kill Switch” patent application, the technology is not in iOS devices now and this is likely just one of many patent applications a company like Apple will file just because they can – not because they plan to use the technology. Having a strong patent portfolio is hugely important in the tech world, which is why Google is starting the bidding for all of Nortel’s patents at $900 Million and why the final price paid will likely be well over twice that.
Another Apple patent that was just issued – Patent 7,966,578 – is also causing a lot of buzz in the tech world. Depending on whom you believe Patent 7,966,578 could mean either the end of all of Apples smartphone competition in the US or it is simply just another over reaching patent issued by the USPTO and will be revoked in short order. As with most things the truth is probably somewhere in-between. Apple will likely use this patent to get license fees from other makers of smartphones – but is not likely to try and force out every other touchscreen smartphone from the US. That would likely cause a ruling against the Apple Patent (Outside of violence the US government is usually against monopolies). The basic gist of this latest patent covers touch screen smartphones and the gestures you use to control the iOS device and how you manipulate content in frames. In reality at best this will mean Apple gets some revenue from their competition. (Hi Nokia remember that settlement you just won - yeah so does Apple.) This patent is an example of a technology that was already in place for many months before the patent application was submitted in December of 2007, about 11 months after the iPhone was announced and 6 months after it was available for purchase.
The reason I don’t like to talk about patents on my podcast is that patents generally fall into one of two categories. First are those covering what has already been done (eg. The Touch Screen Patent 7,966,578). Or second those covering what could theoretically be done - but has not been done - and likely never will be done. Which is why I don't generally cover patents, you already either are using the tech or will never see the tech and the results of any fights about patents between the OEM’s rarely if ever trickle down to the end user. Something to think about the next time you get an email or read an article that says the sky is falling due to a patent application or award.
