Enabling emoticon entry; patents - ;-o?!
If you haven’t already read it on Translate This! or Language Log, experience the Register’s report on Cingular’s recent patent application for an emoticon-dedicated key/button thingie. To read the Register article and some of what the bloggers have written, you’d think Cingular were trying to patent emoticons themselves, and were incredibly silly to do so:
Cingular, the United States’ largest mobile phone network this week applied to patent emoticons, better known as smileys.
The application refers to selecting emoticons on mobile phones or handheld devices over a wireless, and makes 35 claims in all. Although it uses the word ‘emoticon’, the application doesn’t acknowledge that mutant punctuation has been livening up online communications since at least 1961. -The Register
You’d be right to think this were “lame” (Mark Liberman’s word), “outrageous” (the Register’s word), or sarcastically “groundbreaking” (Translate This!’s words), were this what Cingular was actually trying to do. But people seem to be missing that this is a technology they’re applying for the patent for. It seems no different from patents for predictive text programs. I wouldn’t expect to come up with a way to enter predictive text and NOT think about patenting it. Here’s the abstract of the patent application:
A method and system for generating a displayable icon or emoticon form that indicates the mood or emotion of a user of the mobile station. A user of a device, such as a mobile phone, is provided with a dedicated key or shared dedicated key option that the user may select to insert an emoticon onto a display or other medium. The selection of the key or shared dedicated key may result in the insertion of the emoticon, or may also result in the display of a collection of emoticons that the user may then select from using, for example, a key mapping or navigation technique.
A second piece in the Register contains letters from readers who point out this very thing.
Moreover, in the application’s claims section, it talks about the user being able to insert their choice of emoticons from a “palette of emoticons”:
in response to the emoticon key being selected, displaying a collection of graphical displayable icons that the user may select from, wherein at least some of the graphical displayable icons from the collection of graphical displayable icons indicates a mood or emotion.
I am guessing that those “graphical displayable icons” don’t look like this :-) but rather look more like what you see as icons on IM programs. And it seems like those could be arguably proprietary, since they’re not created by the user as a combination of text strokes, but they’re created by the system, custom-made - every system has different sets. A quick search turned up that Microsoft received jeers last summer for trying to patent emoticons; in that article, some good arguments are made against giving a patent for such things. Namely, that emoticons are “part of language” and you obviously can’t patent language (though you can, of course, trademark certain words/phrases for commercial purposes - natch that doesn’t preclude anyone else using them, except for also commercially). But inasmuch as they represent a distinct set of icons, I feel like this is a justifiable thing to want to patent. Aren’t fonts patented, or trademarked, or whatever? How is it different from those?
I don’t know much about patents, nor the technicalities of this kind of technology, so I might well be missing some things. I hope this post inspires some discussion, rather than just saying “that’s a dumb idea.”
Final note: this seems to bring a sort of legitimacy to the emoticon. It’s “part of language”? Whaddaya think, Lynne Truss?
[PS - In exploring the current graphical options on my Cingular phone, I found that there is a graphic called "sceptic." Not "skeptic," but "sceptic." I know it's a variant, but where is it prominent? (I don't currently have OED access, pity.)]


