Patent for the Emoticon Snagged

[the4thpip]

The USA based mobile operator, Cingular Wireless has managed to get a patent on the concept of using emoticon on mobile phones. While the aim of the patent is to enable the displaying of MSN style graphics on handsets, they also managed to patent the delivery of text based emoticon - so presumably sending :) via an SMS - if selected via a dedicated or softkey, would be a breach of the patent in future.

The method and system described in the patent allows a user of a mobile phone (or other device) to select a displayable icon, such as an emoticon, that indicates the mood or emotion of the user or conveys other information independent of text. In some embodiments, the selected displayable icon is inserted into a text message or screen, such as an instant message, chat screen, or user text field.

The system may also support the import of emoticons and custom emoticons to one or more applications running on the mobile device. For example, in some embodiments, users may visit an out-of-band service (e.g., web page) to compose or upload custom emoticons that would then become available on the wireless device's palette.

http://www.cellular-news.com/story/15792.php

Does that mean we might lose emoticons from this board? :O

[Expletive Deleted]

We can only hope.

[Karl J. Barnes]

We can only hope.

So it'll be back to: :D,;),8o and others....??

[Karl J. Barnes]

We can only hope.

So it'll be back to doing emoticons manually?

[the4thpip]

So it'll be back to doing emoticons manually?
No, those are patented, too.

[sk716]

How can Cingular retroactively patent something that has been around for years and was/is made up on the fly by 'net geeks?

[Kyuubi]

:( :( :(

[the4thpip]

How can Cingular retroactively patent something that has been around for years and was/is made up on the fly by 'net geeks?
This happens all the time now. In Germany, some company got the patent for medical Nitrogen, which means hospitals can't use cheap industrial Nitrogen anymore but have to use stuff that is 50 times more expensive or so.

[Expletive Deleted]

I don't know the specifics, but shouldn't hospitals be using medical grade gases instead of industrial grade gases? That part per million of benzene (or whatever) that nobody cares about when making widgets could be a problem when it comes to repairing or preserving the biological variety.

[Nick Soapdish]

This reminds me of when Despair.com trademarked the :-( emoticon and announced that they were going to use Carnivore to search out everyone that had used it and would prosecute them. Except that was a joke. So when people complained, they said that they'd offer them for free for a limited time and you could order up to a million on their website. And apparently, some people still didn't get the joke.

[Gaz]

We can only hope.
Yes, because having NO idea what the intended tone of a post is much better. :confused:

[Expletive Deleted]

Yes, because having NO idea what the intended tone of a post is much better. :confused:Well . . . we could try to make ourselves clear and convey our tones through written language.

I mean, sure, it's a crazy notion. But it just might work.

[stealthwise]

The bastards can try and sue, but they'll never catch me and my

:o :) :mad: :evilangry

[Gaz]

Well . . . we could try to make ourselves clear and convey our tones through written language.

I mean, sure, it's a crazy notion. But it just might work.
Not always possible. Unless you wish to use indicators like "Said he, sarcastically", which is more intrusive than a little picture, I'd think.

[The Xenos]

That's it. I need to take a giant dump and then get the patent for crapping.

[PatrickG]

Sorry...

My reading of that does not suggest that text based emoticons have been patented.

If anybody tried to sue me for it, I'd simply produce logs showing that I was using the emoticons COMMERCIALLY (Yes, I believe I have a case for this as I've been paid for work that used emoticons) before the patent was issued, establishing a grandfathered TRADEMARK. And even better, I have PRINT evidence that I was using emoticons back in 1998.

So... My trademark vs. their patent...

On an IP note... Am I alone in thinking that the only person who should be allowed to register a copyright/trademark/patent is the originator of an idea or an entity which employs/compensates the originator? And that if it can be established (through an affirmative argument) that the registrant is NOT the originator and in no way employs/compensates the originator then they should be held civilly liable by ALL parties who can document prior use?

That would kick the ass of every lamebrain marketing exec who wants to take a piece of common speech and turn it into a trademarked jingle.

If it's not novel OR original, you have no business trying to own it.

Now, I wonder, if I ran for president in ten years on the platform of using imminent domain to seize intellectual property more than, say, fifty years old and force it into the public domain... Would anybody vote for that? And would I possibly get assassinated?