Comment Re:Rounded Corners (Score 1) 498
Yeah, I acknowledged the existence of design patents. The fact they exist doesn't stop them from being stupid. I had two points, one of which is the design patent shouldn't exist in the first place as it is not relevant to the philosophical basis for a patent system (fostering technical innovation). The second point was that your suggestion that the patent protects against consumer confusion is flat out wrong. That is the intent of trademark protections; design patents instead protect the design full-stop, regardless of the utility of the item. If Apple's rounded rectangle design patent is valid, then they could sue the makers of the Etch-a-Sketch or those little rounded-corner chalkboards we had as kids (prior art much?). Trademark protections address a legitimate issue (consumer confusion), design patents do no such thing while also providing far more wide-reaching implications in their enforcement. This is why I said "the very concept of a design patent is utter horseshit."