irrelevent, there is no good reason why i can't legally be allowed to construct a building with in those parameters (minus an apple logo) should i choose to.
its a joke. things like intellectual properties are stymieing the development of new ideas by directly blocking the exchange of thoughts and building new ideas from old ones.
Also arguing that such legal procedures are to protect the financial well being of the creator of the idea is ludicrous. so what if some one uses the same idea but offers it at a lower prices, that is called competition and generally how economies have worked for thousands of years.
no should be any more entitled to be legally protected against lossed assets simply because they create something. For example; just because i open a mexican themed restaurant in an area which has never had one before does not protect me from some one taking my popular and successful idea and opening a similar restaurant next door to me.
It is well-established law that you cannot patent categorically. Apple is not, and will not be granted, a patent for all cylindrical glass buildings. If someone wants to make one that is substantially similar, then they will be able to.
You can patent specific, particular manifestations of a thing if
1. They are novel (nobody has done it before and there exists no such thing in nature currently)
2. They are useful (not in the practical sense, in the literal sense. "Can it be used... at all?")
I don't have a problem with apple getting a patent on this building if there is something particularly novel about it that their clever engineers had to sit down and think up. Perhaps no glass structure has ever been as strong as this one, by virtue of its novel design? Nothing wrong with patenting that.
You claim that intellectual property protections stymie the development of new ideas. Have you considered what would happen to new ideas if we gave their creators no such protection or opportunity to profit from their creations? There would be no incentive to innovate, because as soon as you spent all the money to research and develop something, someone could just copy you and profit from
your investments.
Innovation costs money. You have to protect people in such a way that they can at least get all their money back, and preferably then some on top of it. If you don't protect that, nobody will do R&D because it costs too much.
More thinking.