Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
obviousness, one-click, patents, prior art

Companies:
amazon



Click Here To Reject Amazon's One-Click Patent

from the getting-there... dept

Amazon's "one-click patent" has been one of the rallying points for those who feel that software and business model patents are truly problematic. In 2001, the patent was challenged through BountyQuest, but that challenge was rejected by the patent office. In 2005, however, a guy in New Zealand began his own quest to invalidate the patent, successfully convincing the patent office to review the patent based on new prior art he had turned up. While there was a setback last month, when a 3-judge panel questioned an examiner's ruling that many of the claims should have been rejected as obvious, it appears that the prior art has now been found much more convincing. The patent office has now issued an initial rejection of 21 of 26 claims in the patent. Of course, while some are already celebrating this win, the case is far from over. As we've seen many times before, the early rejections from the patent office don't necessarily mean all that much, as the patent holder has a chance to respond and many things can happen before the validity of the patent is finally established. Still, it's certainly better than the patent office sticking by the original patent completely.

6 Comments | Leave a Comment..

 
 

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  1. Oct 17th, 2007 @ 11:08am
    by Joel Coehoorn

    And when this patent goes away, what will the patent reform supporters use for a rallying cry?

    (reply to this comment) (link to this comment)

  2. Oct 17th, 2007 @ 11:11am

    Re: #1

    by icon Killer_Tofu (profile)

    One of the plethora of other stupid pointless obvious patents. I apologize but I would have thought that was slightly ovbious.

    (reply to this comment) (link to this comment)

  3. Oct 17th, 2007 @ 11:12am

    Myself

    by icon Killer_Tofu (profile)

    About as obvious as my previous type /cry

    (reply to this comment) (link to this comment)

  4. Oct 17th, 2007 @ 1:45pm

    Ain't It

    by Obvious

    Who has the patent on using "readable text" on webpages to enhance the web experience? Wow, everyone is abusing that guy's patent!

    (reply to this comment) (link to this comment)

  5. Oct 17th, 2007 @ 2:57pm
    by Anonymous Coward

    The effort required to invalidate this obviously obvious patent is amazing.
    It seems so much easier to get a patent on an obvious idea than it is to invalidate a patent on an obvious idea.
    So there is an incentive to apply for patents on obvious ideas.

    (reply to this comment) (link to this comment)

  6. Oct 17th, 2007 @ 2:58pm

    Re: Ain't It

    by Random Thoughts

    One would think that the basic concept of text being readable would be pretty darned obvious. If such is not the case, then I shall promptly patent 'unreadable text'. After all, where is the fun in life if lawyers aren't able to use unreadable text to trick you and protect their clients.

    I probably should apply for two patents. One for using my unreadable text concept in webpages providing the policy information for web sites. And the second one for politicians wishing to use it for adding earmarks to necessary legislation and explaining their own serious short-comings.

    (reply to this comment) (link to this comment)

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