Legal Issues

by Mike Masnick


Filed Under:
patent office, patents, re-exam, subdomains

Companies:
eff



US Patent Office Does Initial Rejection On All Claims For Patent On Creating Subdomains

from the so-why-was-it-approved-in-the-first-place? dept

You may recall, a few years back, some news around a patent holding company getting a patent on virtual subdomains. As part of its Patent Busting project, the EFF submitted a ton of prior art to the Patent Office, who has now done an initial rejection of all of the patent's claims. The patent holder (and, it's worth pointing out that it's changed hands since this started) can now respond or just give up on the patent. Either way though, it highlights the silliness of considering any granted patent as automatically "valid." Considering how many patents that are reviews end up having claims (sometimes all of them) rejected, it seems pretty clear that the initial patent review is simply not even close to effective as a judge of patent-worthiness.

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  1. identicon
    Lonnie E. Holder, 22 Jan 2009 @ 11:08am

    Re:

    Dave:

    You can readily see the art submitted by going to this web site:

    http://portal.uspto.gov/external/portal/pair

    You do need either the publication number, the patent number, the application number, or other comparable number. You can then look in the file history for the IDS and the examiner's search.

    Another fun place to go is www.patentfizz.com. If you know of a patent that is bogus because of published references, go enter the patent number or publication number and detail the art, explaining its relevance. It may not stop the patent from issuing, but other seeking to do a re-examination or reissue might use that information.

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