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Patents United States

USPTO Increases Scope Of Amazon's 1-Click Patent 98

An anonymous reader writes "While the patent office had rejected earlier attempts by Amazon to get a continuation patent on its infamous "1-click" patent, it appears that an impatient USPTO examiner has approved the continuation, apparently because of the failure of BountyQuest to come up with prior art. This continuation adds claims like contacting the recipient of an order via e-mail or a phone call to obtain additional info."
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USPTO Increases Scope Of Amazon's 1-Click Patent

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  • I just wonder... (Score:5, Insightful)

    by RyanFenton ( 230700 ) on Thursday June 07, 2007 @10:47PM (#19433049)
    ...on average, what percentage of a patent examiner's net worth is actually wages, and what percent is some form of bribes and hush money.

    It just seems an inherently corruption-friendly system that allows any examiner of proper rank to step in and hand monopolies out to companies at a moment's notice.

    Ryan Fenton
  • by TehZorroness ( 1104427 ) on Thursday June 07, 2007 @10:56PM (#19433111)
    The whole patent rant is an assumed thing here on /. The whole list of possible solutions or fixes to the patent system has also been beaten to death, and requires no addressing. We don't need to name companies which use immoral tactics, we all know the names. We don't need to cry about all of the projects which have been destroyed. We all know it's commonplace and might as well get used to it.

    No sir-ree, there is noting to see here, just the USPTO doing their jobs just as well as ever.
  • by Anonymous Coward on Thursday June 07, 2007 @11:11PM (#19433199)
    More power to America, eh!
  • by paladin217 ( 226829 ) on Thursday June 07, 2007 @11:20PM (#19433277)
    I am fairly certain that the percentage that comes from bribes is 0%.

    Simply put, if the art isn't there, even if the examiner doesn't like it, the allowance has to be given to the applicant. It is an unfortunate state of affairs, but it is a legal requirement. Simply put, the examiner was doing his job.
  • by grcumb ( 781340 ) on Thursday June 07, 2007 @11:24PM (#19433299) Homepage Journal

    The whole patent rant is an assumed thing here on /. The whole list of possible solutions or fixes to the patent system has also been beaten to death, and requires no addressing. We don't need to name companies which use immoral tactics, we all know the names. We don't need to cry about all of the projects which have been destroyed. We all know it's commonplace and might as well get used to it.

    All I can say in reply is that I hope nobody ever tried to tell that to Ghandi, Martin Luther King or Nelson Mandela.

    The fact that an injustice persists, and that the abuses remain consistent in terms of action and actors is newsworthy. Talking about it until everyone gets sick of it is a valid tactic.

    Sometimes the only way to invade the fortress is by chipping away at the walls inch by bloody inch. It's boring, painful and creates no heroes right up until the walls finally do come down.

  • by AltGrendel ( 175092 ) <ag-slashdot.exit0@us> on Thursday June 07, 2007 @11:28PM (#19433341) Homepage
    So this means that you've quit. You are no longer going to try and change the system (whatever that may mean to you).

    Go ahead and mod me flamebait or troll, but my point is that this isn't just about the 1 click patent. There's a company that has the patent on the breast cancer gene. Thats right, you can't try to cure a prevalent form of cancer without paying a frickin' royalty for something that wasn't even invented. At best you could say that they discovered it.

    We need to keep trying to stop this insanity.

  • Why not patent (Score:3, Insightful)

    by Cracked Pottery ( 947450 ) on Thursday June 07, 2007 @11:32PM (#19433369)
    using a Skilsaw to cut a piece of plywood. One-click is a trivial application of features built into a tool set that envisioned it in it's inception. It is worst of two stupid patent paradigms, the software patent and the business method patent. When will this sort of thing be recognized as the malignant lawyer-driven racket it is?
  • Re:Why not patent (Score:4, Insightful)

    by Daniel Dvorkin ( 106857 ) * on Friday June 08, 2007 @12:02AM (#19433559) Homepage Journal
    I'm not sure it's laywer-driven, really. Lawyers certainly benefit, of course, but corporate lawyers are basically just doing the bidding of their executive masters. At least in theory, law is a profession, and has a certain ethical code. Business has none.
  • by Anonymous Coward on Friday June 08, 2007 @12:21AM (#19433655)
    every single internet anything sends an email are they out of their minds?

    This is what the future will look like: you are living in the slums in the worst designed house (all good designs are copyrighted and you cant pay), with the worse job (you cannot afford the licenses for your buinsess practices, such as say, keeping a running total, or an electronic till with anything close to useful interfaces)(although you could become an enforcer of infractions of those laws and make enough for a a daily drink), if you want to send a letter, you will be too poor to afford anything but large sum, poorly handled, lost and stolen mail (i assume that the post office is patented out of exsistance)(ditto for phone calls), so you are alone, poor and working all the time. Rich people will trade eachother money and laugh but they will be very very few.

    This is what will happen if you dont elect RON PAUL and fix your fucking country

    please type the word in this image: suffer
  • by Anonymous Coward on Friday June 08, 2007 @02:56AM (#19434443)

    greasing the right palms might still get a patent granted

    Greasing the palms?! C'mon these patent assesors are obviously being paid with child-sex prostitutes!

    I mean once you go accusing an entire class of people of corruption without a scintilla of proof, why stop there?

  • by Anpheus ( 908711 ) on Friday June 08, 2007 @03:48AM (#19434713)
    No, he wasn't. Because 'obviousness' is the other part of what is necessary for an invention to be patentable. And 1-click sales are obvious to all developers, 1-click sales and 1-click anythings are the reason cookies exist, they are a natural and obvious extension of cookies.
  • by werdna ( 39029 ) on Friday June 08, 2007 @04:13AM (#19434803) Journal
    This is really pretty easy stuff guys. The examiner searches for prior art, and if he finds it, or an obvious combination of it, badda-bing, lovely rejection. If not, he is bound by statute to allow the patent, period. 35 USC s. 102 ("A person shall be entitled to a patent unless" there exists invalidating art). We all know you hate the law and the standards, but give this poor examiner a break, will you? He HAS to allow the patent UNLESS he comes up with a case to reject it. He HAS to do it. He HAS to. Suggesting bad faith or corruption as the cause of the examiner's allowance is obnoxious and naive.

    The examiner did his research, and gave it his best shot. By amendment and argument, Amazon shot down his case. Nobody came to the rescue with any new art, and the examiner didn't find any. Indeed, despite the FAMOUSNESS of this battle, NOBODY has come up with any art to defeat the new claims or the old ones.

    There are better battles to pitch than this one.

  • Re:The Real Enemy (Score:3, Insightful)

    by jez9999 ( 618189 ) on Friday June 08, 2007 @05:06AM (#19435025) Homepage Journal
    Try and organize a revolution.

    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson
  • by PatentMagus ( 1083289 ) on Friday June 08, 2007 @10:19AM (#19436725)
    Additional limitations on an already issued patent are no big deal. Amazon already has the 1-click patent. All this does is keep someone from patenting on top of amazon, it doesn't really give them anything more.

    Here's how it works...
    Amazon patent A: (1 click)
    Amazon patent B: (1 click) + (other stuff)

    Anyone infringing B also infringes A. All Amazon has done is prevented someone else from patenting this particular flavor of (1 click)+(other stuff). They don't get anything extra because patent A already covers the stuff patent B covers.

    So, the only people who should be upset by this are patent trolls who want to patent the nuances around 1 click and then sue Amazon and other etailors.
  • by john83 ( 923470 ) on Friday June 08, 2007 @12:00PM (#19438659)

    Instead of looking like a fucking moron, you might want to read what the patent office means by obvious:

    http://www.uspto.gov/web/offices/pac/doc/general/i ndex.html#novelty [uspto.gov]

    "The subject matter sought to be patented must be sufficiently different from what has been used or described before that it may be said to be nonobvious to a person having ordinary skill in the area of technology related to the invention."

    These "developers" he spoke of, might they have "ordinary skill in the area of technology related to the invention."? I'm not sure. I am sure however, that anyone who starts bandying about terms like "fucking moron" better have a very clear argument ready to back himself up, or he might look like an uneducated, arrogant troll.

  • by Jtheletter ( 686279 ) on Friday June 08, 2007 @01:12PM (#19440021)

    NOBODY has come up with any art to defeat the new claims or the old ones
    Example, ready go:
    Bartender? Scotch please, on my tab.

    And for the true regular at the bar: [Raises index finger at bartender]

    Oh but I forgot, it's "on the internets" so it's somehow novel and nonobvious. :/

"When the going gets tough, the tough get empirical." -- Jon Carroll

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