It's Edge all over again. It's interesting to note that none of the countries listed as having granted the trademark are English-speaking. There's something in that
All you can do is shake your head at things like this. Like the granting of patents, the granting of trademarks needs some radical rethinking to stop things like this happening.
Apparently Apple is also sending notifications if you use the word memory as a keyword for your app as well, and that's plainly ridiculous. Memory is a common word in everyday use.
Even sillier, they have even managed to patent Page Curl used in eBooks but with prior art in the form of Disney (and other) animations from years ago.
It is a sad state of affairs when companies can take an idea used by someone else for years (but not patented as it was obvious or not unique enough) and then patent it as their own invention.
Patents are in a mess, full stop. They are granted (especially in the US) for things that should never be patentable but covered under copyright. In games even things like making a mini game available whilst the main game loads is patented (Namco owns that in the US I believe).
I don't know much about patents, and all of this seems so ridiculous.
Do patents granted in the us have effect in the us only or everywhere in the world?
Who chooses the people that grant patents?
How is the independence of the people who grant patents guaranteed? What are the safeguards to guarantee that there is no financial interest in the decision?
I'm not asking for answers - that would take too much of our time - it's just what came to my mind
Does anybody own the patent for rectangle shaped (not rounded corners) tablets?
What I don't understand is why most of the people get angry at Apple, while it should look at the people who grant patents don't you think? Apple isn't doing anything bad : they asked because that's their right to do so.
Patents are country specific - one in the US would not automatically apply worldwide. Not sure how the people get the job of working in the patent office (interestingly Albert Einstein started out his working life as a patent examiner in the Swiss patent office - useless information, I know).
I agree on Apple (and all the other companies that do it) - if you don't use the system as it stands for your own ends then it's corporately irresponsible. And once you have a patent you have to enforce it to keep it. They're only using the system as it is - it's the system that's broken.
I do, however, have a problem with patent trolls that own rafts of patents simply to extract payments from other companies without ever actually doing anything themselves with those patents. That stifles creativity and innovation.
In my opinion owning a patent should not be enough and after a given period of time if you have not done anything with that patent, you should no longer have it or it should have to be made available under something like FRAND licensing. At least with Apple they create things using their patents (not all, I'm sure they're sitting on ones that they never did anything with as well)
@Mells: In answer to your questions, No US patents are only valid in US (although a lot of Americans seem to think that if it's valid in US it should be valid everywhere, and point 3, there are no safeguards in the USPTO. A company has to pay to register a patent and as such, the USPTO is a source of income for the US government.
[rant] If they actually checked the patents for prior art or validity (due to being innovative or novel) then they wouldn't get as much money so they just grant the patent claims and leave it up to the courts (or company with biggest pockets) to (in)validate the patent.
It appears that if anyone can afford to file a patent in US, then it will be granted and then it would be up to the victim to fight the patent holder in court to prove it is invalid when they are sued for infringing said patent.
That seems to be how the US patent system works now. [/rant]
So if a game has same or similar logic to the classic memory game, this is still fine so far it uses another name? i shall make a memory game and name it 'emory game', but keep that secret.
So if a game has same or similar logic to the classic memory game, this is still fine so far it uses another name? i shall make a memory game and name it 'emory game', but keep that secret.
Yes, I'm not actually sure if the Ravensburger game is even the standard memory game (presumably you mean a card match game where you turn cards over to find pairs?). I've never played the Ravensburger game, this simply seems to be about the word itself.
Which reminds me, wasn't the phrase Tower Defense trademarked by COM2US? Yes, the name of a genre is a trademark...
It does seem like big bully tactics on behalf of Ravensburger - I wonder how well it would stand up in court (or even if it'd get to court) if a developer just refused to comply.
WhiteTree Games - Home, home on the web, where the bits and bytes they do play! #MakeABetterGame! "Never give up, Never NEVER give up!" - Winston Churchill
It does seem like big bully tactics on behalf of Ravensburger - I wonder how well it would stand up in court (or even if it'd get to court) if a developer just refused to comply.
The thing is, Apple will comply for them by removing it from sale
@ar2rsawseen: Too late, see you in court for infringing my trademarks ) I have patented:
a method of generating a name by activating a random number of random keys on a
keyboard, where activating can be deemed to mean pressing, thwacking, hitting, slamming,
bashing or any other adjective synonymous with touching
Also keyboard can be deemed to be any device where touching or any other adjective
synonymous with touching would produce a letter or symbol where letter or symbol
can be deemed to be any shape or part thereof in the entire known or even as yet
undiscovered universe.
and I have trademarked all possible names generated using such method so I suggest you all start bidding to license my patents and names. )
@Scouser, on the original article in the comments they came up with other such names, so sue them as well, please. - it's good to hear that probably the type of card-game is not yet patented, only the name, which i don't care about (if the game is good enough, it will make it's own name as a trade-mark)
@Scouser, on the original article in the comments they came up with other such names, so sue them as well, please. - it's good to hear that probably the type of card-game is not yet patented, only the name, which i don't care about (if the game is good enough, it will make it's own name as a trade-mark)
You should read about the recent Tetris rulings as they have confirmed protection for elements that make Tetris Tetris if you see what I mean. The ruling outlined some pretty broad things that make the game what it is but was also presented with a caveat that in isolation they wouldn't probably be deemed to be infringing if used:
It was an interesting ruling, especially with the way the app store spawns clones (eg. Zynga, and several other companies, blatant rip-off of Tiny Tower.)
@ar2rsawseen,@Javi as the names for your inventions must have been generated using my patented method for generating a name (I made it more general to get more license fees ) you must pay me a license fee first for using the patent. Then I am going to sue you for infringing on my trademarks.
It would appear that you missed the part of my post which stated
and I have trademarked all possible names generated using such method
Also keyboard can be deemed to be any device where touching or any other adjective synonymous with touching would produce a letter or symbol where letter or symbol can be deemed to be any shape or part thereof in the entire known or even as yet undiscovered universe.
@Scouser Touché! I didn't read it! Bah! Never mind, all my patents were rejected... Apple patented the process for obtaining patents and the whole universe last week! (
To shay, @Scouser, I have generated my app's title with a random number generator plugged into an ASCII converter through a chars function....No keyboards or other adjective synonymous with TOUCHING have been used as the computer did it all.
Mahahahahahahhah
Oh yeah I patent the above! :P So noooo copycats--well unless you wish to provide me with a life of no work, and free money anyway.
Comments
All you can do is shake your head at things like this. Like the granting of patents, the granting of trademarks needs some radical rethinking to stop things like this happening.
Apparently Apple is also sending notifications if you use the word memory as a keyword for your app as well, and that's plainly ridiculous. Memory is a common word in everyday use.
Likes: deniz
And talking about patents:
http://www.androidpit.com/apple-patent
)
It is a sad state of affairs when companies can take an idea used by someone else for years (but not patented as it was obvious or not unique enough) and then patent it as their own invention.
Website: http://www.castlegateinteractive.com
https://play.google.com/store/apps/developer?id=Castlegate+Interactive
- Do patents granted in the us have effect in the us only or everywhere in the world?
- Who chooses the people that grant patents?
- How is the independence of the people who grant patents guaranteed? What are the safeguards to guarantee that there is no financial interest in the decision?
I'm not asking for answers - that would take too much of our time - it's just what came to my mindDoes anybody own the patent for rectangle shaped (not rounded corners) tablets?
What I don't understand is why most of the people get angry at Apple, while it should look at the people who grant patents don't you think?
Apple isn't doing anything bad : they asked because that's their right to do so.
Likes: deniz
I agree on Apple (and all the other companies that do it) - if you don't use the system as it stands for your own ends then it's corporately irresponsible. And once you have a patent you have to enforce it to keep it. They're only using the system as it is - it's the system that's broken.
I do, however, have a problem with patent trolls that own rafts of patents simply to extract payments from other companies without ever actually doing anything themselves with those patents. That stifles creativity and innovation.
In my opinion owning a patent should not be enough and after a given period of time if you have not done anything with that patent, you should no longer have it or it should have to be made available under something like FRAND licensing. At least with Apple they create things using their patents (not all, I'm sure they're sitting on ones that they never did anything with as well)
[rant]
If they actually checked the patents for prior art or validity (due to being innovative or novel) then they wouldn't get as much money so they just grant the patent claims and leave it up to the courts (or company with biggest pockets) to (in)validate the patent.
It appears that if anyone can afford to file a patent in US, then it will be granted and then it would be up to the victim to fight the patent holder in court to prove it is invalid when they are sued for infringing said patent.
That seems to be how the US patent system works now.
[/rant]
Likes: moopf, Mells
Website: http://www.castlegateinteractive.com
https://play.google.com/store/apps/developer?id=Castlegate+Interactive
Fragmenter - animated loop machine and IKONOMIKON - the memory game
Which reminds me, wasn't the phrase Tower Defense trademarked by COM2US? Yes, the name of a genre is a trademark...
#MakeABetterGame! "Never give up, Never NEVER give up!" - Winston Churchill
I have patented:
Likes: moopf, ar2rsawseen, Teranth
Website: http://www.castlegateinteractive.com
https://play.google.com/store/apps/developer?id=Castlegate+Interactive
- it's good to hear that probably the type of card-game is not yet patented, only the name, which i don't care about (if the game is good enough, it will make it's own name as a trade-mark)
Fragmenter - animated loop machine and IKONOMIKON - the memory game
http://arstechnica.com/gaming/2012/06/defining-tetris-how-courts-judge-gaming-clones/
It was an interesting ruling, especially with the way the app store spawns clones (eg. Zynga, and several other companies, blatant rip-off of Tiny Tower.)
@Javi Apple already patented round corner's, so you can sue them for using Pi in their calculations
And after Pi, the electrons and apple trees!
Likes: vitalitymobile
Not because I invented it, but because nobody yet patented it.
So I'll appleout all of your money for breathing it
It would appear that you missed the part of my post which stated
Website: http://www.castlegateinteractive.com
https://play.google.com/store/apps/developer?id=Castlegate+Interactive
@Scouser I will use a symbol for the patents (like Prince did). WTH! I'll patent all Unicode chars! send me your address!
Website: http://www.castlegateinteractive.com
https://play.google.com/store/apps/developer?id=Castlegate+Interactive
Bah! Never mind, all my patents were rejected... Apple patented the process for obtaining patents and the whole universe last week! (
Bah, apple was first. Apple wins
Mahahahahahahhah
Oh yeah I patent the above! :P So noooo copycats--well unless you wish to provide me with a life of no work, and free money anyway.
Let's get the root of all evil out of the equation.... $$$$$ !!
Author of Learn Lua for iOS Game Development from Apress ( http://www.apress.com/9781430246626 )
Cool Vizify Profile at https://www.vizify.com/oz-apps
and saw this comment at the end
Don't Apple own the patent for stealing items from airports?? These guys are in for some lawyer hurt!
Author of Learn Lua for iOS Game Development from Apress ( http://www.apress.com/9781430246626 )
Cool Vizify Profile at https://www.vizify.com/oz-apps
My apps: http://www.yummyyellow.com