Cingular claims emoticon patent

The next time you try typing an emoticon on your cellphone, be prepared to pay Cingular a royalty. Well, probably not. But companies that develop software or hardware to display smileys (i.e., via dedicated keys or macros) may find themselves in Cingular's crosshairs now that the US Patent and Trademark Office has granted the company a patent for using 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." We're not sure how Cingular pulled this one off; seems to us that there's plenty of prior art, along with earlier, similar patents -- including one granted to Microsoft for "methods and devices for creating and transferring custom emoticons to allow a user to adopt an arbitrary image as an emoticon." Just the same, we're glad we grew out of emoticons around the time we left middle school; we can't afford a lawsuit just for sharing our feelings -- though we will say this to Cingular:  :-P

[Via textually.org]

[Fuzz @ Jan 26th 2006 3:29PM]

Yet another case of the USPTO rubber stamping anything that crosses there desk, only to create work for the courts in afew years. RIM, anyone?

The USPTO needs to be taken out behind the barn and shot.

[Mike @ Jan 26th 2006 3:31PM]

or even :?br>

[Karl @ Jan 26th 2006 3:36PM]

Christ, learn to read. It's an application for a patent. It hasn't been granted yet. Might want to actually read the farking article.

[JT @ Jan 26th 2006 3:42PM]

has someone patented the wheel?

[keith coutinho @ Jan 26th 2006 3:50PM]

;)

[Ryan @ Jan 26th 2006 3:51PM]

stupid Cingular! :@

[Black Guy @ Jan 26th 2006 3:57PM]

#3
Just an application for a patent?

"...now that the US Patent and Trademark Office has granted the company a patent for using a..."

I'm sorry, maybe my English reading skills is a little off today, but that sentence clearly states that the patent was granted not that an application was submitted.

[Domo @ Jan 26th 2006 4:02PM]

I m going to patent the way i cook KD

[Peter Tripp @ Jan 26th 2006 4:08PM]

Your :-P is fine, it didn't convert to an emoticon.

[jr @ Jan 26th 2006 4:10PM]

Can I just say it again - FREAKIN APPLICATION. You can submit an application for the WHEEL for crying out loud, doesn't mean it's going to be a patent.

USPTO is overburdened with a lot of crappy applications. They're doing the best they can with the limited time and resources they have. How about taking the LAWYERS who submit this crap out back?

(please fix your submission so it can be viewed from the main page and not merely by the people who check the comments)

[Chris @ Jan 26th 2006 4:14PM]

Maybe you all need to go back to grade 2 and learn how to read again. The quoted text from the patent, clearly states a patent on using a "mobile phone (or other device) to select a displayable icon."

And, as the article stated, Cingular isn't patenting emoticons, they are patenting a method for displaying them, using macros or other keys.

[madtracer @ Jan 26th 2006 4:15PM]

i looked at all of the links, including cellular news article, and all of them state that Cingular WAS granted a PATENT... not a Patent Application like yous guys are getting all antsy about (karl and jr; carl's jr-- i'm looking your way).

[jr @ Jan 26th 2006 4:21PM]

#7 - follow the link in the post - it references the APPLICATION - US 2006/0015812 A1 - not a patent number.

Not saying your reading skills are at fault - just saying we should all be a little diligent before flaming or forwarding on bad info.

Go look it up on the USTPO website -

http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-adv.html&r=1&f=G&l=50&d=PG01&S1=20060015812&OS=20060015812&RS=20060015812

[Jon @ Jan 26th 2006 4:23PM]

CORRECT THIS POST. The PTO has NOT, I repeat HAS NOT, issued this patent. The article is wrong; Cingular merely applied for it. I would not expect the PTO to "rubber-stamp" this patent -- and contrary to popular opinion, the PTO does reject patent apps all the time.

[:o) @ Jan 26th 2006 4:26PM]

this is so clearly pointless. the technology already existed on other systems this will so cost them money trying to defend it and in the end it will get revoked.

citing microsoft is the ultimate irony, considering how they totally ripped off apple's icon GUI decades ago and that was also patented by the way (not trying to start a historical flame war, but demonstrating a clear example of how this sort of patent will not hold water).

On a lighter note, Cingular must die.

[Legodude522 @ Jan 26th 2006 4:44PM]

I'll patent Jebus Christ! I'll get royalties for every sermon!

[peecz @ Jan 26th 2006 5:17PM]

i filed a patent for alphabet.
soon i'll be rich...

[Rich @ Jan 26th 2006 5:24PM]

"or conveys other information independent of text"

So, does that mean that Cingular's patent (or application -- I can't be arsed to read the articles) will cover speech on a mobile phone? Now that *must* have prior art!

Or will I have to pay Cingular each time I say "Yeah, I'm fine. How are you?"

[citrus538 @ Jan 26th 2006 5:27PM]

This isn't even an patent application for emoticons. . .it's for a application for a patent for a method of SELECTING emoticons.

[Mark @ Jan 26th 2006 5:46PM]

http://www.despair.com/demotivators/frownonthis.html

[EvanWasHere @ Jan 26th 2006 5:51PM]

Apple couldn't really do anything about Microsoft ripping them off, when they are the ones that ripped off Xerox's Parc original GUI in the first place.

[broke @ Jan 26th 2006 6:16PM]

Next cingular will try to get patents for msg acronyms like: lol, rofl, lmao, brb, ttyl, omg, omfg, asl, stfu, ... Or even try to patent computerish geekrish talk: pwn, pwned, sux, suxxor, ...

[John Paragon @ Jan 26th 2006 7:29PM]

no way, there must be more details on this.
SE, has been using emoticons, so when you write :) it displays a smiley, and Samsung, SE, and LG, have little animated images too. (for anger, sadness, etc..)
This'll apply to US (and the 51st state UK) maybe.

[IPandItHurts @ Jan 26th 2006 7:34PM]

As others have said

1.) the patent was NOT ISSUED. It is MERELY A PUBLISHED APPICATION.

2.) The patent seeks claims for a device (e.g. a phone) that has PHYSICAL KEYS FOR EACH EMOTICON THAT THE USER CAN SELECT. While this probably isn't patentable, it's not like they are trying to claim emotions for crying out loud.

Of course, I realize FACTS have NO PLACE when software folks talk about patents.

[Cypheros @ Jan 26th 2006 9:53PM]

whaa whaa whaa...hey, lets flame each other over stupid technicalities.

[TZK @ Jan 26th 2006 10:21PM]

Looks like Cingular has also filed a patent to confuse the fuck out or everyone.

[oshean @ Jan 27th 2006 12:11AM]

I filed a patent for using the internet to display the English language.

[tiuk @ Jan 27th 2006 12:37AM]

Reminds me of when someone tried to patent the hyperlink years ago. Forget who that was.

[quixote @ Jan 27th 2006 1:17AM]

(Yeah, I remember that asinine hyperlink patenting scheme. Whoever they were, they obviously died, not mourned by anyone.)

Even if it's nothing but an application, Cingular needs public flogging. Emoticons were around on usenet before that stupid phone company was even born.

And anyway, you're all dust beneath my wheels. (rips mask off) I'm Dogbert, and I patented the ones and the zeroes long ago. Pay up, suckers! Bwa-ha-ha-ha-haa.

[E71 @ Jan 27th 2006 10:14AM]

Good, then maybe people will stop excessively using those damn smilies. This goes doubly (or should I say tripley) for the british who stuff as many as possible in their sentences.

Damn limeys.

[Karl @ Jan 27th 2006 11:06AM]

Mad Tracer and Black Guy

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

PLAIN ENGLISH

Posted 1-26-06, same day as the emoticon article. Also linked to through this article.

"Update

It has been pointed out to us that this is a patent application at the moment - the patent has not yet been formally granted. "

Applications are granted numbers, because that's how things are organized. You assign call numbers to things, particularly patents, when you have 1323985739245 of them, including applications.

End of discussion. It's called literacy, try it sometime.

[John @ Jan 27th 2006 1:19PM]

hey its for their new feature on seeing who is available to talk...

thats my guess