News Item: Russian court prohibited smiles
Posted by Aiwan
04 September 2005 - 17:47:19
Today I hit upon another attempt to patent smiles. After Microsoft one retiree from Gatchina tried to do it... Russian branch of Siemens was forced into this odious court proceeding. According to the newspaper “Argumenti i Fakti”, Oktjabrski district court of Saint-Petersburg sustained a claim of 45 years old Victor Petrov from Gatchina against Siemens concerning infringement of copyright.
Victor Smirnov's smiles
The court invalidated usage of the claimant’s creations in mobile phones of the worldwide known company. Petrov invented nothing more but … smiles (that very faces used worldwide in internet and mobile phones). He gave up to struggle with all other mobile phones’ producers, which also use the "stolen smiles", the inventor decided that namely Siemens must be “responsible” for it, because in these telephones Petrov found the “closest reflection" of his invention. "I counted not less than 15 faces – funny and sad ones. I have patented 3 faces – positive, negative and neutral (with no emotions)" – declares Petrov.
One could laugh about this curios situation, but according to the documents everything is all right: patent of Russian Federation № 2160608 was given to Petrov by Federal Institute of Industrial Property (Rospatent) in 2000. The invention is officially named as: "A way of directional regulation of psichoemotional state".
"The case is that a person sending a funny face or melody from his mobile phone informs the receiver about his/her mood and well-being. - explains Petrov. – And that one, having received the information, corrects his/her behavior in a particular way. Actually this is an psychological invention, and a patent for it was in section for Medicine. Smileys can be different, but the way of directional regulation stays the same."
The affected “owner of intellectual property” also reported to the correspondent, that he tried to treat with the Russian branch of Siemens company for peace, but his cooperative proposal elicited no response. Nevertheless some lawyers find this case to be not so clear. Firstly, one can appeal against the patent, having proved that the invention had already existed long before the retiree from Gatchina came in the patent office.
The before-mentioned organization FIPS (Federal Institute of Industrial Property), where Petrov got his patent, confirmed the Petrov’s invention to be from the field of Medicine and relates to psychophysiology. However, some specialties of this “ingenious” invention came to light, namely: "The way allows to better relationships in a group of people and expresses a valuation in a form of a visual image or musical composition (!), which meaning is well-known and can be equally estimated by all group members <…> group members behave with account of received information".
"So, - the consulting office for patents, trademarks and labels FIPS (Federal Institute of Industrial Property) explained, - his patent doesn't contain this valuation in form of a visual image. Members of a specific particular group must negotiate this or that valuation. Consequently, Petrov’s patent doesn’t concern this valuation.
Siemens doesn’t want to give up. "According to the court decision OOO Siemens can’t distribute in Russian Federation telephone sets with Petrov’s invention in it" – the company confirmed.
"I want to note particularly, - says Alexey Draganov from the law department of the Russian representative office of Siemens, - Petrov addressed his claim not to the company itself, but to the Russian juridical person of Siemens, and the court decision isn’t legally effective yet. And another thing: our company has nothing to do with distribution of mobile phones with Petrov’s invention in it. We don’t sell them".
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