Steve Jobs might be seen rising from his grave now because of an Apple patent loss because of one of his keynote speeches.
A court in Germany recently dismissed and invalidated an Apple patent due to the reason of an existing ‘prior art.’ The prior art being pertained is the video of the late Steve Jobs showing a technology back in 2007. The video caused disqualification to an August 2007 patent applied for by the Apple Company in Germany.
US Patent Laws Different With European Ones
The cause of disqualification might be traced from some minor differences that US Patent Laws and European Policies have. In the US, inventions are given a grace period of 12 months before filing a patent for them. During the 12-month grace period, a published or publicized content about the invention may not be considered as a prior art. However, this exemption and grace period is not being applied in European countries such as Germany. Public demonstration of unpatented inventions just like what Steve Jobs done in January 2007 can be used against their own patent application. In this case, video recording of Job’s demonstration was used as an evidence to disqualify Apple’s patent and strengthen the existence of a prior art. In the video dated January 2007, Jobs was seen demonstrating the bounce-back effect and said that they have already patented it. However, it turns out that the patent application was just made seven months later. Because of this, the Federal Patent Court of Germany declared that the Apple iPhone patent EP2059868 is invalid in their country. The dismissed patent covered what was described as “portable electronic device for photo management” or also known as the bounce-back effect for iPhone.
Samsung Gets New Hope for Ruling Reversal After Apple Patent Loss
The US Patent Office also rejected twice the bounce-back effect patent from Apple, the most recent one was in April. Because of this, its rival Samsung Electronics filed re-trial requests hoping to reverse recent court ruling favoring Apple with a $1.05 billion victory regarding the said patent case. However, a California court rejected Samsung’s re-trial requests for the said patent issue few weeks ago. But the Apple’s closest rival will get new trials regarding several other patent cases that are still pending.
Do you think the Apple patent should be really disqualified?