USPTO Panel Says Amazon's One-Click Patent Isn't Obvious

from the two-clicks-away-from-sanity dept

Due to the diligent work of a few determined individuals, the US Patent Office (once again) began to look into Amazon's infamous "one-click" patent. New prior art was demonstrated, and in an initial re-examination, the examiner rejected some of the claims in the patents, noting that they appeared to be obvious. Of course, patent appeals processes are long and involved, and after Amazon presented their side to a 3-judge panel, that panel has now ruled that the examiner did not do enough to show why the patent claims were obvious, suggesting that what many of us (including those who are skilled practitioners in the space) think of as obvious, won't be considered obvious. It sort of makes you wonder what it takes for the Patent Office to consider something obvious. Obviously, "obvious" has a different meaning to the US Patent Office than to most of us.
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Filed Under: one-click
Companies: amazon, uspto


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  1. identicon
    David Sternlight, 29 Sep 2007 @ 1:10pm

    Obvious

    It would seem that the USPTO's definition of "obvious" may be that at least one other source offers it at the time of the patent application.

    There's some basis for such a view in the economic theory of patents. If nobody else is doing it, and you do it, that has prima facie produced innovation.

    From another angle, if everybody knew it but nobody thought it worth patenting OR USING IT, and you did, that is also innovation in the economic/market sense.

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