Comment by DonHopkins

30 years ago, I implemented pie menus at the University of Maryland Human Computer Interaction Lab, and the UMD Office of Technology Liaison wanted me to patent them, but I decided not to, and I don't regret it. The patent would have been assigned to a little patent trolling company that UMD has a parasitic relationship with, and very little of the money would have ever found its way back to me or the University.

https://medium.com/@donhopkins/pie-menus-936fed383ff1?source...

But that's not the worst problem patenting pie menus would have caused:

If I'd patented them, it would have effectively prevented me from using them myself in subsequent proprietary and open source projects, like The NeWS Toolkit, TCL/Tk, The Sims, SimCity, Unity3D, etc.

Convincing Sun or Electronic Arts or any other employer or client to license a patented user interface interaction technique instead of using an inferior freely available one would have been a non-starter, as would have been using it in any open source projects.

It was only because I didn't file a patent that I was able to freely implement pie menus for NeWS at Sun, and use them in SimCity and The Sims.

You're not always going to be working for the same company or attending the same school for the rest of your life, so it's not a good idea to hand over all the rights to your ideas to them, because you'll have to pay if you ever want to use them again yourself. But if you give them away to everyone for free, you get to use them yourself after you leave, and they're free for everyone to use in open source projects.

>Open Sourcing SimCity: Chaim Gingold’s “Play Design” PhD Thesis: "Pie menus play a critical role in The Sim’s user interface design, dovetailing perfectly with the object and AI architecture. Objects advertise verbs to character AI, so it is natural for the verbs to be arranged in a radial menu about objects. I can’t imagine an alternate design that would have had the same widespread usability, and therefore appeal, without them. It is difficult to imagine The Sims without pie menus." -Chaim Gingold, Play Design PhD Thesis, Open Sourcing SimCity

https://medium.com/@donhopkins/open-sourcing-simcity-58470a2...

Unfortunately other people filed misleading patents around pie menus that should never have been granted, because they tried to retroactively redefine what pie menus were by ignoring published prior art, and coined a new term "marking menu" which they defined by a straw man comparison to their self-servingly gerrymandered misunderstanding of pie menus.

So they ended up patenting fictitious "differences" between "marking menus" and "pie menus" that weren't really differences: obvious features pie menus had always had, and that I'd written about and demonstrated in SIGCHI videos, but they'd conveniently ignored, because they needed to trick the patent office into thinking those properties were unique to "marking menus".

Then they misleadingly and systematically used those patents as FUD for decades in their marketing brochures, advertisements, and word of mouth from their sales people on trade show floors. They purposefully discouraged other companies like Kinetix and open source projects like Blender from doing anything remotely resembling pie menus, whether or not they actually infringed on their patents.

https://medium.com/@donhopkins/pie-menu-fud-and-misconceptio...

Huge Problem: Software Patents and FUD

Autodesk Advertisement About “Patented Marking Menus”: "Marking Menus. Quickly select commands without looking away from the design. Patented marking menus let you use context-sensitive gestures to select commands."

http://images.autodesk.com/adsk/files/aliasdesign10_detail_b...

There is a sad history of people using software patents to make misleading claims about obvious techniques that they didn’t originate, and constructing flawed straw man definitions of ersatz pie menus to contrast with their own inventions, to mislead the patent examiners into granting patents.

There is a financial and institutional incentive to be lazy about researching and less than honest in reporting and describing prior art, in the hopes that it will slip by the patent examiners, which it very often does.

[...]

The Alias Marking Menu Patent Discouraged the Open Source Blender Community from Using Pie Menus for Decades

Here is another example that of how that long term marketing FUD succeeded in holding back progress: the Blender community was discussing when the marking menu patent would expire, in anticipation of when they might finally be able to use marking menus in blender (even though it has always been fine to use pie menus).

As the following discussion shows, there is a lot of purposefully sewn confusion and misunderstanding about the difference between marking menus and pie menus, and what exactly is patented, because of the inconsistent and inaccurate definitions and mistakes in the papers and patents and Alias’s marketing FUD:

"Hi. In a recently closed topic regarding pie menus, LiquidApe said that marking menus are a patent of Autodesk, a patent that would expire shortly. The question is: When ? When could marking menus be usable in Blender ? I couldn’t find any info on internet, mabie some of you know."