The internet LOL’d when news broke out that Apple has
been awarded a patent for Slide-to-Unlock—a design element apparently so
trivial that almost every smartphone user blushed upon hearing the news. On a
serious note, many
complained
that the legal practice of granting patents to components, instead of actual
devices, doesn’t make sense. Defenders of Windows 8, which uses the same mechanism
specified in the patent, claimed
that since the implementation is "different" there is no issue of infringement.
Is there anything wrong with the Slide-to-Unlock patent? Let
me first state that I’ve never been to law school, and I understand that arguments
for patent laws are not always trivial, but let me tell you two remarkable
stories from history that might make you lean in favor of the patent.
The first story begins in Scotland; the year is 1769. James
Watt has invented a remarkable steam engine that has more than thrice the efficiency of the
best existing engine. He is applying for a patent. The specifications in his
patent application are different from most patents filed in his time. Six
decades earlier, Thomas Newcomen had filed a patent application that included every
detail of his breakthrough engine: pipes, valves, and whatnot. But Watt
wants to receive patent protection for merely a single component: the condenser.
His patent does not include the entire design.
Thanks to the sanity of the patent office, Watt was granted
the patent. Needless to say, there were critics. They claimed that Watt is
willfully concealing his invention by an incomplete specification. Even today, some
cite the patent to question his status as a hero of industrial revolution, alleging that all he did was invent a small component of the steam
engine.
Such claims are absurd. That small component, a separate vessel for condensation, allowed the cylinder to be kept warm such that no steam was wasted in the next cycle.
This is what essentially made Watt’s engine remarkably efficient and superior
to any previous engine. As Watt himself explained*, he did not specify the other
components because either those already existed in existing engines or he didn’t
regard the improvements he made in those to be “significant”. His purpose was
not to conceal his improvements in those components, rather to only protect
what was truly essential. Sure enough, later when he or others made enough improvements
in other components, they filed separate patents.
Our second story begins in Dayton, Ohio; the date is March, 1903.
The Wright brothers are applying for a patent. It will be nine more months
until they fly the first powered airplane in man’s history. But they are
confident that they will succeed. Like Watt, they go one step further: their patent application specifies, not a component, but a method—a very uncommon practice at
their time. Their application describes the method as controlling of an aircraft
by changing the surface angle near the tips of wings.
After an initial rejection, and with the help of an
attorney, the US patent office granted their
patent.
Here cometh the critics. Wright brothers had used wing-warping (twisting) to change the angle near wing tips. One of their rivals later used another method (ailerons)
to change the angle. Critics claimed that this does not constitute a patent infringement, and that the method deserves credit by virtue of
being "different".
Apart from the fact that the Wright brothers’ patent
explicitly stated that the angle of the surface could be changed by any manner,
the claim is baseless because an invention, by its very nature, involves an identification of essentials. For
example, it is not essential to a telescope whether its scope is made of metal
or wood. Galileo invented the telescope. He didn’t invent a wooden telescope! Likewise,
the Wright brothers invented the method of changing surface angle as the key to
achieving sustained flight. Whether the manner to achieve this is through wing-warping
or ailerons is not essential to the invention.
From the two stories, it should be clear that (1) if patents
were granted not to components, but entire devices, as some critics of
Slide-to-Unlock patent would prefer, it would require the sacrifice of
James Watt to his critics, and (2) if a rival is free to implement a patented
method in another manner, as some defenders of Windows 8 would prefer, it would require the sacrifice of Wright brothers to their opponents.
Rational patent practices didn’t develop easily. Because of
the unconventional way in which they specified their patents, both Watt and the
brothers had to pursue lengthy legal battles to protect their inventions from
infringement. Some criticize them for spending so much time in courts. But I
think it is morally right to defend your property, material or intellectual. As
Wilbur Wright righteously
wrote
in a letter to an aviator, "[it] is our view that morally the world owes
its almost universal use of our system of lateral control entirely to us. It is
also our opinion that legally it owes it to us." Neither Watt nor the
brothers were famous or influential before their respective inventions; they took
a bold, but sensible, step when they filed for patents in a manner that they saw
effective. The genius of Watt and Wright brothers extends beyond their inventions—they
were instrumental in establishing patent practices that will protect inventors,
including those of Slide-to-Unlock, for centuries to come.
*A Plain Story (1796)—James
Watt’s account of how he came upon invention, and a response to his critics.
Update [Nov. 17, 17:25 UTC]: Slightly edited for clarity.