ABA Journal On One-Click (And Even Sillier) Patents

smarner writes: "The American Bar Association's Journal (ABA Journal) just came out today, and there's a thorough and interesting article called 'Patent This' regarding the one-click and other business method patents that have been drawing the ire of many lately (including /.ers). The article is on-line here."

Comments

Re:Maybe it's time to rethink mathematics patents

[sammy baby]

One could say that the wheel or the transistor existed in nature as well, and yet both of those inventions were heavily patented in their day.

You have documentary evidence that the wheel was patented? Archaeologists estimate that the wheel was first used in 3500-3000 BC, which wasn't exactly the golden age of intellectual property law, but if you have a better reference, I'd love to know.

The trend has been towards granting more patents rather than less, and look where it's got us: our nation and our economies are more prosperous than ever...

Post hoc, ergo propter hoc. Show me the connection.

"One-click"-style patents are the exception in a world of truly innovative patents. As we start to remove the last vestiges of a paternalistic scheme of government that regulates what may be patented, true innovation will again shine through.

Or, conversely, those seeking frivolous patents will be encouraged by the utter abdication of authority on the part of an already weak-kneed PTO, and the spate of "one-click shopping" and "web indexing" patents will spiral out of control, until not even the most basic of technical operations can be implemented without paying a king's ransom in licensure and legal fees.

Just a thought.

-----
"You owe me a case of beer. Sucka'."

PTO is a .gov Revenue Source

[Speare]

[stock rant on the subject]

Patents are not about who is right, or who is first; patents are about who can sue.

The US PTO is a money-making service for the government, and this fact is why it operates as it does.

There is a misconception that it is the central duty of the PTO to form a blockade against granting patents. The PTO can and will block applications where there's heavy similarity with prior art or existing patents, but that's really just a guideline to using the service, not the core function.

The PTO's purpose is to grant patents for a fee, and it's wholly suited to do so.

The application vetting process of the PTO is a cost center for the operation of the PTO. This is akin to saying that customer service is a cost center for the operation of AT&T. It is required, but they'll cut costs as much as they can get away with.

To fix the patent application vetting process, two things must happen:

• Congress must stop using the PTO's filing fees as a revenue source for other pet interests instead of the PTO's own budget, and
• The PTO needs to allow third parties to aid the vetting process by challenging potential patents before they're granted.

At the minimum, if the PTO would publish the abstract for each patent application at the time of filing, then third parties could submit "helpful" arguments against controversial applications. The PTO can then weigh obviousness against challenges without incurring the costs of doing all the searching themselves.

Once a patent has been granted, the Patent Office does not get involved in disputes; that is a matter for the courts.

[end of stock rant on the subject]

Interview a Patent Attorney

[SnapShot]

What are the chances of getting one of /.'s "patented" interviews of the author of this article or another relatively impartial and knowledgable patent lawyer? I think I'm getting tired of the IANAL comments (including my own) when it comes to the patent issue.

True calling.

[TheFlu]

I plan to begin an immediate hands on approach to discovering if this guys technique is valid and patentable...

* Inventor Edward Pechter of Valencia, Calif., for example, patented a "method of bra size determination by direct measurement of the breast." U.S. Patent No. 5,965,809; granted Oct. 12, 1999. In pertinent part, Pechter?s pectoral procedure gauges cup size "by directly measuring with the tape the circumference of each unclothed breast from the beginning of the breast mound at one side laterally to the parasternal area medially."

Measuring success one cup at a time. The Linux Pimp

Here's what you do

[MeowMeow Jones]

And it should work especially well with the American Bar Association

Send them this a nice little e-mail telling them that you are blind and their public site is violating the Americans With Disabilities Act, as it won't work with an audio browser.