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Amazon Sneaks One-Click Past the Patent System

Posted by Zonk on Thu Nov 22, 2007 02:32 PM
from the stealth-mode-activated dept.
theodp writes "By changing the word 'a' to 'the' and adding the phrase 'purchasable through a shopping cart model,' lawyers for Amazon.com have apparently managed to reinstate two of CEO Jeff Bezos' 1-Click Patent claims that were rejected a month earlier. 'Patent Owner's Rep was informed that the proposed addition to the claims appear to place the claims in condition of patentability,' writes the USPTO in its Ex Parte Reexamination Interview Summary of the 11-15 conference call that was held with five representatives of the USPTO and patent reformer Amazon."
+ -
story

Related Stories

[+] USPTO Imposes 'Undue Hardship' On 1-Click Lawyers 96 comments
theodp writes "Looks like Amazon's high-priced Silicon Valley attorneys will have to endure the 'undue hardship' of awakening early next Thursday morning to defend CEO Jeff Bezos' 1-Click patent in a Video Hearing before the Board of Patent Appeals and Interferences. The attorneys' plea for a 1 p.m. ET start time drew a be-there-at-9-or-be-square response from the USPTO. The 1-Click patent has fallen into disfavor lately with USPTO Examiners, who no longer have the same boss who once sent a 1-Click love letter to the WSJ arguing that the merits of Amazon's patent were proven by a contest run by a Jeff Bezos-financed company, an argument that was later rejected by Congress."
[+] Patent Reformers O'Reilly, Bezos Mum on 1-Click 48 comments
theodp writes "Brought together 7 years ago by a threatened boycott over Amazon's 1-Click patent, Tim O'Reilly and Jeff Bezos vowed to reform the U.S. patent system. So in The Register's Open Season podcast (@12:25), Andrew Orlowski finds it very ironic that news of a victory by LOTR choreographer Peter Calveley against Bezos' 1-Click patent broke as O'Reilly was once again busy trotting out Amazon-tied speakers to headline a Web 2.0 conference, this one sponsored by Fenwick & West, the prestigious law firm bested by Calveley. Orlowski notes that O'Reilly, who now counts Bezos among his investors, was oddly silent for a self-described software patent protester, especially one who once vowed to torpedo 1-Click. Equally untalkative was Bezos, who deflected questions on the damage done by Calveley's DIY legal effort, telling a Wall Street analyst to 'refer to our public filings' (although nothing on the subject appears in the 8-K and 10-Q filings). One last dose of irony — in explaining the prior art he used to reject the 1-Click claims, a USPTO Examiner cited the very same TV remote control patent that was deemed to be unsuitable in a 1-Click prior art contest run by the O'Reilly and Bezos-bankrolled BountyQuest (just last year, Amazon testified to Congress that the contest failed to find prior art for Bezos' patent)."
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  • Ack! (Score:2, Informative)

    What about obvious to the expert part ?
    • Re: (Score:3, Informative)

      Obvious to an expert is not a barrier to patent. The invention must not be obvious to a person having ordinary skill in the art [wikipedia.org].
      • Re:Ack! (Score:5, Interesting)

        by cyphercell (843398) on Thursday November 22 2007, @03:22PM (#21448235) Homepage Journal

        would that be a normal web developer or a normal database admin? because, the db admin will not be surprised regardless of the amount of data you throw at a button.

        anyways, we can use one click checkouts as long as they have nothing to do with the shopping cart model right?

        gentlemen I'd like to introduce the shopping 'list' model, which differs from the shopping cart model in that all items *must* be 'listed' on the page the shopper is browsing, allowing them the immediate convenience of seeing their purchases at any given time, furthermore I'd also like to patent the one click to "hand your butler the shopping list" purchasing model, where the butler is an AI avatar that essentially completes your shopping, the actual process of filling your shopping cart and checking out, for you. fuck you amazon! now we have a butler, do you have a BUTLER?!? hmm, this actually wouldn't be bad if the butler was capable of shopping at more than one site, and finding good prices on stuff, just for good measure I'll copyright this post.

        all references to 'shopping list', 'one click butler avatar', and the term "fuck you amazon! now we have a butler, do you have a BUTLER?!?" are copyrighted by cyphercell (843398) © and will be defended to the full extent of the law if my lawyer thinks it's worth it

          • Re: (Score:3, Insightful)

            Just invent your own vocabulary and you're sure not to infringe any patents.
            Except their lawyers are better than your lawyers and you're still gonna pay.

            This had nothing to do with changing a few words in the patent and everything to do with money being spread around in the right places.

            I'm telling you, we are the ones being consumed.
  • I'd hate to present this as an option but is it able to be reviewed again after they snuck more bogus crap back in?
  • Prior art? (Score:3, Interesting)

    by Devv (992734) on Thursday November 22 2007, @02:44PM (#21448015)
    Couldn't anyone who gets sued because of this claim that the previously rejected patent is prior art?
    • Re:Prior art? (Score:4, Informative)

      by Tod DeBie (522956) on Thursday November 22 2007, @02:49PM (#21448049)
      No, absolutely not. The previously rejected patent is not a different patent from the one that is apparently now being allowed...actually, I think it is just specific claims that were rejected and now modified versions of those claims are being allowed. In any case, none of the prior iterations of the patent can server as disabiling prior art for the final version of the patent. Even if there were previous patents from Amazon that had parts of the invention, this one could have been filed as a continuation of the earlier patents to avoid prior art issues. With the latest changes and allowance by the USPTO, this one looks good, meets the requirements and is very likely to stand.
      • by warrax_666 (144623) on Thursday November 22 2007, @03:59PM (#21448523)

        The previously rejected patent is not a different patent from the one that is[...]

        Let's see:

        The previously rejected patent is not the different patent from the one that is[...]

        There. Fixed that for ya.
        • The previously rejected patent is not the different patent from the one that is[...]
          Something's still missing...hmm

          The previously rejected patent is not the different patent from the one that is purchasable through a shopping cart model.
          There. Fixed that for ya.
        • Re: (Score:2, Informative)

          The addition of "a shopping cart model" in the first clause of the claim necessitated the change of "a" to "the" in the last clause to make sure it had the correct "antecedent basis."

          In claim drafting, you must first introduce a word or concept with "a" or "an" and then you refer back to it with "the" or "said." If you do not the claim will not be allowed.

          The change from "a" to "the" did not magically change the claim from being invalid to allowable.
  • The wheel (Score:3, Funny)

    by sig97 (651312) on Thursday November 22 2007, @02:46PM (#21448029)
    I better hurry patenting the wheel before it's too late... the one purchasable through a shopping cart model that is.
    • No no no, it's one purchasable through *the* shopping cart model.
    • Re:The wheel (Score:4, Informative)

      by vivaoporto (1064484) on Thursday November 22 2007, @02:53PM (#21448075) Homepage
      Well, seems like someone beat you [bbc.co.uk] to that.

      Lawyer moves to patent wheel

      An Australian man has registered a patent for a "circular transportation facilitation device" - more commonly known as the wheel.


      More at CNN [cnn.com].
    • I better hurry patenting the wheel before it's too late... the one purchasable through a shopping cart model that is.

      That should be:

      I better hurry patenting a wheel before it's too late... the one purchasable through a shopping cart model that is.
      • I better hurry patenting the wheel before it's too late... the one purchasable through a shopping cart model that is.
        I better hurry patenting a wheel before it's too late... the one purchasable through a shopping cart model that is.
        I better hurry patenting a wheel before it's too late... the one purchasable through the shopping cart model that is.
          • Now I need a patent for posting a sarcastic remark through the Slashdot comment model and sue you guys for royalties.
            Now I need the patent for posting a sarcastic remark through the Slashdot comment model and sue you guys for royalties.
    • Hopefully virtual shopping cart wheels have less of a will of their own than their real life counterparts.
  • The real news is that this revision was just a means to an end [pttbt.ca], and apparently the patent office fell for it...
  • :facepalms: (Score:5, Funny)

    by The Master Control P (655590) <ejkeever AT nerdshack DOT com> on Thursday November 22 2007, @02:52PM (#21448067) Homepage
    Will the last sane person in government please switch it to runlevel 6? But run rm -rf /home/uspto first please.
    • Re: (Score:3, Insightful)

      Will the last sane person in government...
      No such thing, as government is where asylums send all patients too loony for them to handle.
      • No, asylums are where the government sends loony people when it runs out of space for them. At that point, they usually appropriate more tax dollars to build additional loony bins (aka "government agencies.")
  • Which is to push a lobbist of some sort to get this thru... This is so obvious that I suspect someone got a promise for something to allow it thru... I mean, It is the American way after all!!
  • If this isn't illegal, it should be.
    • by justzisguy (573704) on Thursday November 22 2007, @03:38PM (#21448363)

      Where is the abuse of the system here? Amazon is playing by all the rules set forth by Congress [cornell.edu] and the Patent Office [uspto.gov]. If prior art is found that reads on their claim, they amend the claim by adding more limitations (making it more specific) so that the claim overcomes the art rejection. The new limitations generally come from the dependent claims and must have adequate written description in the original patent application.

      The /. posting is very misleading. First, the claim was amended with a further limitation "purchasable through a shopping cart model," to an already lengthy claim. The change of "a" to a "the" cleans up the antecedent basis problem (i.e., which shopping cart model is the last line referring to, the same one of line 3, or a different one). Second, this claim is still not in condition for allowance! The patent examiner looked at the new limitation and agreed that it probably overcomes the art currently rejecting the claim. He still gets to closely re-read the art of reference and conduct additional search before he can determine whether the claim is allowable.

      And finally, I want everyone to look at the claim, not the title of the patent, and then, without impermissible hindsight, get to work finding prior art to read on the claim. Just saying that a single click of the mouse is obvious makes you look dumb. That's your homework for this week, now get to work!

      • Given the prior art on the old patent, I tend to doubt there was an inventive step (i.e. it wasn't non-obvious) in the 'invention'. Of course this is much harder to prove, so Amazon can unfortunately count on getting awaay with it.
      • by g2devi (898503) on Thursday November 22 2007, @06:18PM (#21449531)
        "One Click" shopping is an e-commerce technique, which allows a customer to purchase products via the Internet without repeatedly entering personal information such as name and address. At the time it was introduced it eased the frustration of on-line shopping.

        The problem is, the whole reason cookies were created was precisely to enable on-line shopping:
        http://www.ietf.org/rfc/rfc2109.txt [ietf.org]

        So soon after the RFC was *announced* Amazon requested a patent for doing what the RFC was specifically designed for. If you ignore the sleeziness of the action, it would be virtually impossible to find prior art since no implementation was possible before the standard was approved. And even if an early implementations of cookies existed, since Amazon was one of the few e-commerce site out there at the time, there would be virtually no chance of finding another prior art implementation.

        Now you could go to the real-world analogy of going to a friendly store and pointing at a bunch of things and saying "Charge it", but since it's done by "a computer" it magically turns into a completely different thing.

  • Broken System (Score:4, Insightful)

    by Rainbird98 (186939) on Thursday November 22 2007, @03:05PM (#21448137)
    The present system of patents is totally broken. It appears to exist for the promotion of lawsuits and legal fees rather than achieving true innovation.
      • Now that companies that do nothing but sue people based on patents they acquired are getting more and more attention, one can hope the entire absurdity of the system as it is serves as an argument to restructure it.

        Patents are not inherently bad. Bad patents are.
  • by flyingfsck (986395) on Thursday November 22 2007, @03:21PM (#21448215)
    A previous president apparently set a precedent...

    Thank you very much!
  • If you have an account, cancel it "due to my disagreement with your 1-click patent that stiffles innovation".

    Who dares to put his money where his mouth is?

    Ah hah... I supposed.
    • I've been boycotting Amazon since the patent was first awarded. Haven't we all been doing that? The boycott was a big deal for nerds back then. What, did the rest of you get out-waited by Jeff Bezos?

      (My money isn't where my mouth is, though: it's in my pocket; my mouth is on my face.)
  • by Anonymous Coward
    This comment is probably just a waste of virtual breath, but I'll give it a try anyway:
    Here on Slashdot, it looks like everybody enjoys conflating the issues of 1) whether we should have software patents at all and 2) whether the subject matter of this patent is obvious or not. It may be way too late for any meaningful discussion of this patent here on Slashdot, but keeping those two things separate would help out there.

    So I'd like to make an argument here, and see if I actually get any constructive respons
    • I'd also like to point out (and see if I get any constructive responses) that this patent isn't that broad, and not worth of the fear-mongering it has induced over the years. Here's the first claim of the patent (I added the numbers):

      You can't determine how broad a patent is by counting how many elements a claim has. Most of the elements of the claims of the Amazon patent don't limit the claims. Despite your verbal acrobatics and distortions, the patent is broad.

      (And those are not "claims" those are "elem
    • by Stormx2 (1003260) on Thursday November 22 2007, @04:38PM (#21448791)
      The listing of nine items just makes it seem more complicated than it is. Infact this is a bunch simpler than the shopping cart model. It just eliminates the shopping cart altogether and procedes straight to checkout. How is this particularly innovative? The shopping cart system came along and was considered innovative, now taking it away is innovative? Get a grip.
    • by cfulmer (3166) on Thursday November 22 2007, @04:40PM (#21448807) Journal
      Of course, if you have a shopping-cart ordering model, then it's not a one-click buy.

      Let's break that down with some specifics:

      1. A method of placing an order for an item comprising;
      1) a web browser
      2) a web page about an item
      3) where pushing "buy now" causes the web browser to send a "buy this item now" message to a web server
      4) a web server
      5) receives te request
      6) looks up the purchaser's credit card number
      7) creates an order for that purchaser in the order processing system which ...
      8) Processes the order
      9) all without a shopping cart

      I suggest that the only potentially novel thing here is #3. And, I suggest that #3 is obvious -- the only reason that nobody was doing it before hand was that nobody had previously considered the problem of reducing the number of clicks it takes to get somebody to buy something.
    • by nothings (597917) on Thursday November 22 2007, @05:29PM (#21449205) Homepage
      5 Insightful? WTF.

      One-click was always trivially obvious to anyone and everyone who'd had anything to do with anything even remotely like thinking about the problem.

      Received wisdom was that one-click was a bad idea, because (a) people would misclick and buy something they didn't want, and (b) people would be scared off from the site they were scared of misclicking. But this was received wisdom; everybody before Amazon thought one-click was a bad idea--but that means everyone knew about one click already.

      Maybe Amazon gets points for figuring out how to make it work pyschologically for people (if they even have--I have one-click disabled), but that's not the part that's being patented, and is surely not the part that people are talking about being obvious. Of course the ideal of clicking once was obvious--that's how the vast majority of actions on the computer worked, e.g. following hyperlinks! Or submitting a form! How could the action 'buy' not be obvious as one click as well? How could you possibly think that? And the implementation is trivial (the site just needs to know who you are, which it does if you're you logged in, whether with cookies or just earlier in the session and you have a session ID in the url).

      There's a GUI rule of thumb that everything should be undoable, and anything you can't make undoable should have a confirmation dialog? That's the exact same principle that underlies both the common wisdom against 1-click (require confirmation) and Amazon's specific solution (allow undoing the order).

      If you think this wasn't obvious, you can choke on a turkey.

      • by Jay L (74152) <jay+slash@@@jay...fm> on Thursday November 22 2007, @06:25PM (#21449573) Homepage
        Much as I hate the effects of the one-click patent, I'm not sure I agree with can you.

        Received wisdom was that one-click was a bad idea

        That's really the key of it. It was obvious to everybody: obvious that it was such a bad idea that nobody should do it.

        Except that it turned out that it was a really good idea, if you offset the "flaw" (no confirmation) with undoability. Good enough that other sites started doing it, too, and had to stop because of the patent.

        I'm trying to think of other things that were "obviously bad ideas" which are now good ideas because of offsetting techology. Verbose, self-descriptive, text-based, network-transmitted file formats? Garbage collection? Hell, digital audio was obvious, but also obviously dumb due to the poor quality and large file sizes. But if you patented some of these in 1970, would they be valid?
        • If undoability is the thing that makes this work: it is not part of the patent. The patent only covers the general "direct buy" idea everybody is/was aware of.

          And an old idea it is. People used to walk into shops is their towns. They greeted the owner (they knew eachother). They said "John, order me the thingy and deliver it to my home, please", said goodbye and left.

          And this is supposed to be patentable now just because it runs on computers connected through a network?
        • No. Garbage collection was invented in 1959 along with LISP. Digital audio is a species of the genus of digital sampling. See Shannon for more details. Verbose, self-descriptive, text-based file formats: what do you think MIME is? And the convention in MIME is ancient. If something is obvious it cannot be patented, regardless of how good or bad people think it is.
    • by DamnStupidElf (649844) <Fingolfin@linuxmail.org> on Thursday November 22 2007, @05:44PM (#21449313)
      So I'd like to make an argument here, and see if I actually get any constructive responses: I really don't think that it was obvious or anticipated by any prior or *at the time that it was filed.* It was filed on September 12, 1997. How many people on here remember the state of internet commerce back in 1997? This idea was pretty innovative at that time. (Now that it's been used for 10 years, it's pretty obvious.)

      Vending machines are one click shopping models. Put your money in, then click the button for the item you want. Amazon includes the "putting your money in" step when you sign up for an account; there's no reason you couldn't put $1,000 in a vending machine and come back whenever you wanted something and get a "one click" shopping experience. Patenting an existing business model just by doing it on the Internet is silly, otherwise every single type of financial transaction (or any other action really, including talking, writing, imaging, video, audio, etc.) could be patented simply because it was done over the Internet for the first time.

      Second, as early as 1990 "pay-as-you-go" services like AOL and Compuserve already had content that could be purchased simply by clicking on them. They may have even had software downloads that could be purchased directly in forums, but I can't remember.

      If your e-commerce site leaves out any one of those 9 clauses, you're not infringing. For example, if you're using a shopping cart ordering model, you're not infringing (look at part 9 there, you have to have a shopping cart ordering model to be within its bounds).

      If Amazon wanted to be a bully, they could easily sue people. They can definitely afford lawyers. Microsoft doesn't even need to say which patents it thinks Linux infringes on in order to threaten people and win (see Suse and Linspire). Additionally, would you trust your business model to the whims of a jury who can't tell a shopping cart with a "Checkout" button apart from a "One click Purchase" button, or some random judge in Delaware or Texas of similar technical ignorance? I'm not slamming the states, just the fact that those states are used for incorporation for a reason; they're very friendly to big corporations.
    • Most would consider this question answered, as the founders of computer science, renowned lawyers and Nobel-laureate economists agree [oxfordjournals.org] that software patents are not defensible on any grounds.
    • How many people on here remember the state of internet commerce back in 1997?

      How many people on here remember 1997?
      • Anyway, we're getting so carried away here that we're forgetting that this story is no about the patent per se, or patents in general, but the sleight-of-hand used to reinstate the 1-Click patent

        Where is the slight of hand here? Amazon's patent lawyers are trying to add additional limitations to overcome the art rejection set forth by the patent examiner. That's how patents work (not simply software patents). The inventor comes up with a new widget, broadly defines the widget in a series of claims, and thr

  • Not news (Score:4, Insightful)

    by Kiro (220724) on Thursday November 22 2007, @05:14PM (#21449099)
    Is this really news? The ex-parte re-exam with the prior art uncovered by the New Zealand man invalidated all claims except those that mentioned a shopping cart; this was reported weeks ago.
    Back then, the PTO said that were Amazon to amend the rejected claims to include a shopping-cart limitation, which was not found in the newly uncovered prior art, those claims would probably be admissible.

    The "news" appears to be that Amazon did what the PTO suggested it to do...
  • by z4ce (67861) on Thursday November 22 2007, @07:04PM (#21449805)
    Not because I think the patent isn't obvious or is right. But, I HATE the whole amazon one-click thing. It's way too easy to accidently order something while just trying to get a total price including shipping. So I'm glad they've patented it so no one else implements that annoying system.

    All they did was patent taking the safety checks out of online transactions.
  • by seebs (15766) on Thursday November 22 2007, @11:41PM (#21451181) Homepage
    How can Amazon be a "patent reformer"? Should there be this much doublespeak on Slashdot?