USPTO Convinced By Amazon That Online Gift Giving Patent Is Legit
from the how-amazon-stole-christmas dept
Amazon continues to aggressively pursue variations on its "one-click" patent, even as it is repeatedly held up as an example of how screwed up the patent system has become. In the latest story, found on Slashdot, a patent application for method of buying gifts online was originally rejected under the CAFC's recent Bilski rules because the invention "may be performed largely within the human mind." But the wonders of some sophisticated wordsmithing have apparently won over some at the USPTO. Good thing Santa doesn't have a website, or he might infringe.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: gift giving, one click, patents
Companies: amazon, uspto
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USPTO
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Ah, Santa....
Can there BE a bigger criminal against IP laws than Santa Claus? After all, I was told that he and his elves made me all my shit that I got and then delivered it to me.
It seems fairly obvious, being as how I used to get a lot of namebrand stuff for Xmas, that Santa Claus is guilty of trademark infringement, copyright infringement, and probably patent infringement as well. Worse, he isn't just making and copying this toys for himself...he's DISTRIBUTING it.
So I say to you, Santa Claus, you wiley fat madman, it might be a good idea to get some chaff installed on that sleigh of yours and teach Rudolph some evasive manuevers, because I expect a couple of SAM missile batteries to be firing away when you illegally cross our borders without a workers visa....
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Why would our corporate governors care if their citizen's homes are being broken into when there is all that deadly infringement to go after?
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I actually think the USPTO is quite well meaning, if confused. I would suggest that there are other aspects of the government that are significantly more corrupt. The USPTO just reached the unfortunate situation where it started to believe its own marketing.
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Just Wondering
The primary elements of the allowed claims are that the computer detects that insufficient information was provided by the gift giver, and the insufficient information is obtained from sources other than the giver and the recipient. I have not read the specification, but I have to wonder how many companies even do what the claim requires and how they can be sure the information obtained from a source that is not the giver and not the recipient would be valid.
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Software patents are largely idiotic, though, even moreso than physical patents, so it's still a silly idea.
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Okay, so you mine the information. Big deal. What happens when you start sending gifts to the wrong person because you have two similar names and addresses, but only similar. In fact, the two people are completely different.
While people may be dissing this patent, I just fail to see that it has any value to Amazon. Further, how would they ever know that anyone else is actually using the patent?
I think people are making a big to-do about a patent with minimal value to anyone. Makes me recall the scene in "Hellfighters" where the board of directors is choosing the color of toilet paper for company owned gas stations. Sometimes people need to focus on real issues.
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caving
Good thing you're not the PTO, or we'd all be cave dwellers.
Patent reform is a fraud on America...
Please see http://truereform.piausa.org/ for a different/opposing view on patent reform.
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Re: caving
On a side note, probably the biggest problem with patents in my opinion are the words, "A method and system for". Any patent that begins with those words should be summarily shredded.
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Re: caving
Junk Patents: "Unless you have a good patent, you will not get the money."
That is often not the objective. Since investors won't touch a new company with an IP claim against them, it can be used to bully startups and close down competition, which is payment itself.
Stifling Innovation: "Large companies like Microsoft who are the principal proponents of the Patent Reform Bill tend to primarily use their patents defensively"
I would cite Microsoft's use of a universally agreed "junk patent" on FAT against TomTom as a prime example of why both those assertions are false.
An "offensive" act against a vulnerable company that was inconveniently proving Linux as a viable platform for market-leading embedded devices.
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Re: caving
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coupons, coupon, deals, discounts, freebies, sales, bargains, specials, offers, shipping"
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