Apple Receives Patent For Wedge Design – Intel Ultrabooks Doomed?
Apples new US design patent D661,296 or US0D0661296 that issued on Tuesday has caught some major attention this week. This patent broadly cover the distinctive wedge or teardrop profile of the Macbook Air notebook design. With design patents its all about the drawings and this approved patent shows that Apple now ‘owns’ the legal right to the wedge shape used on many ultra-thin notebooks and nearly all Intel Ultrabooks. Apple has been aggressively using its design patents against competitors in the smartphone and tablet space, so could we be on the bring of a notebook patent war? We sure hope not, but we are not shocked at how the government gave them the patent.
With design patents it’s all about the drawings. There isn’t much in terms of a written description to go by, so the nuances of the drawings define the enforceable protection of the patent. And as always, the coverage centers around the details of the solid lines in those drawings. The dashed lines provide context, but do not at all define what is patented. In determining infringement, courts look at whether the allegedly infringing device and the design patent are substantially similar in overall appearance to an “ordinary observer,” excluding minor differences. You can see below how Apple has dashed out the unimportant details of the notebook, like the rear contour, hinge, side ports and feet, and instead focuses on the overall wedge shape and look of the device with solid lines. That’s the aesthetic Apple has patented here and a notebook with hinges, feet or a shaped back different than the MacBook Air could still be infringing as long as the rest primarily the claimed wedge profile is substantially similar.
Comments are closed.