http://gizmodo.com/5483632/apple-files-lawsuit-against-htc-for-infringing-on-20-iphone-patentsThis and similar have increased in intensity at the moment and in the mobile device field this is going nuts. Everyone is suing everyone in regard to some form of patent breach etc.
Points go to all parties with their arguments but for me the biggest problem is them not filing patents, them not suing each other over them it is the Patent Offices itself.
At least of the things they have issues in the last 10 ish years should never have been given in the first place. Patent for OO based OS owned by apple? What a load of bulcrap. People have put this down on paper even before there was the software and hardware to do it properly. Not only that many of these patents people have formed through calibration and progression of technology and software and got to the same point via different methods of implementation.
Things like the unlock screen on a mobile device has been in some form for a lot longer then when apple did it for the iPhone. BUT they were the first to do it on a touch screen phone in the way they did it I think.
Others have copied this because it is a good idea, but they have a patent on it. I kind of think this sort of thing would stand but I would much prefer there to be a sub patent system for interface and software elements at least.
If you come up with something that someone else did with slight difference they should not have a full patent but a sub form which has a fixed fee royalty scheme set up that EVERYONE would adear too.
0.01% of every cent, for example and no matter what and who it is this is fixed off the money you make rather then out right "You can not do it"
At least here for something quite obviously similar if the other person has a claim on that first then ok, but to not allow anyone else to do it especially in terms of interface elements the industry will kill itself very quickly and there will be no innovation or progression at all.
The reason software interfaces are improving all the time and the whole Tech industry for that matter is this collaboration as well as Friendly and Full rivalry between people and companies trying to one up each other. They take what people do, take innovation, add their own element to it, improve on it and we progress.
I see a lot of this patent bullcrap actually doing irreparable damage to the software and hardware industry. Apple and like need to take a leaf out of the game industry. They do sue each other for ripping them off where it is due of course but the people who made gears of war certainly are not patenting or suing people for things like current methods of cover mechanics in a game. People certainly do not sue over use of interface ideas.