Ask HN: Apple filed to patent an app concept that I released a year ago.

[vjanma]

Hello HN,

I would appreciate your input on my current situation.<p>I recently learned that Apple has filed to patent a teleprompter concept to be integrated with iMovie and Final cut pro. They also have a sketch of how it can be applied to the iPad. Here is the link:

http://www.patentlyapple.com/patently-apple/2012/02/apple-to-add-teleprompter-tools-to-imovie-and-final-cut-pro.html

The screen shot of iPad rendering is very similar to UI of my app published almost a year ago (built along with hnuser: xoom). Take a look at the screenshot of the app here compared to the diagram in Apple's patent.

http://itunes.apple.com/app/vrt2-video-recording-teleprompter/id433107401?mt=8

On one hand I am proud that our UI design is spot on for the teleprompter that Apple, as a great artist, "stole" it. On the other hand I am concerned.<p>Should I just ignore it or do something about it? If so, what should I do? I very much appreciate your help and feedback.

Thanks -Vj

[dwynings]

For what it's worth, Apple filed for the patent in August 2010, which predates your app.

[creamyhorror → dwynings]

Even so, does that mean he can't continue using the concept without fear of legal threats? Are patent filings made public immediately, and even if so, does that preclude the use of a similar concept right away?

It's a bit ridiculous that a logical design for a digital teleprompter-recorder could be patented, in a world where new UI concepts can be whipped up and released in a few hours.

[fpgeek → creamyhorror]

> Even so, does that mean he can't continue using the concept without fear of legal threats?

Yes. To top it off, patent filings aren't made public immediately. There is a substantial delay (I think something like a 12 to 18 months, but I am not certain of that). Just one more way the patent system is a crazy, Kafkaesque mess.

Personally, I think independent inventions in the period between filing and disclosure should be considered prior art (or as evidence that something was obvious and/or "in the air"), but that's not the law, sadly.

[allwein]

You're incorrect about several things in your claim. The only overlap that Apple's filing and your app are that they share a teleprompter element.

If I read the description on your app correctly, you use it for teleprompting while video recording the person doing the talking. You mention several use cases such as perfecting a speech, or recording a good version of yourself giving a speech.

The Apple patent filing however, is for a completely different use case. It details specifically the use of doing voice-over audio recording of a previously recorded video.

So just because you both support a teleprompter element, doesn't mean you're covered by this patent filing OR that Apple "stole" from you. Patents are taken as a whole, and not all their individual parts that go into it.

[DodgyEggplant]

If you didn't file something, provisional/patent, and no other application is accepted/pending with earlier date then your app release date, then it's probably public knowledge, and a prior art that will block anyone from filing.

[edanm → DodgyEggplant]

Not a lawyer, but I'm pretty sure you're wrong. It's harder to prove that your work predates something else, but if you can, you still have a copyright on it.

[pieter → edanm]

we're not talking about copyright law here, but patent law.

[vr000m → pieter]

If @vjanma has a concrete way* to prove that his design is in the same timeframe as Apple's then they could challenge the patent application. The patent application is not a patent yet. So talk to a patent lawyer.

*you do have an application in the app store. But you may need much more documentation to challenge the patent.

[yread]

Ah they've used Ozymandias in the patent! Classy.