I recently got a PS Vita and noticed its got a newly designed D-Pad.

I also noticed this on the PS4 pad leaks (rumours I know but still).

What I've noticed most about this is that it resembles the patented Nintendo design of a simple cross. Sega, Sony and MS have all up until now only been able to make a altered version of this design.

My question is has Nintendo's patent on the D-pad expired or have Sony found a way around it?

Not to sure actually, interesting though! I hope it's not going to be a Samsung/Apple thing ha

i know right XD

"A four-directional switch which can be turned on and off in four directions, which comprises a base plate having a plurality of electrodes formed thereon, a key top having an indication showing predetermined four pressing directions in an identifiable manner, a support member constituting a fulcrum between the base plate and the key top, a plurality of conductive rubbers disposed opposing to the plurality of electrodes so as to be in electrical contact with corresponding ones of the electrodes, and a sustaining member having the plurality of conductive rubbers fixed thereto and having elastic force for sustaining the conductive rubbers so as not to be in contact with the electrodes when the key top is not pressed."

The patent expired in 2005. Other controllers have found ways to deviate from the design or the patent has not been enforced. Now it probably doesn't matter and Sony can deviate from the original design.