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Bezos Seeks Amazon Honor System-Related Patents
theodp writes "When Amazon's Honor System debuted, some questioned if Amazon would try to patent it. More than 18 months later, the USPTO has provided the answer with the 8-29 publication of patent applications 20020120568 ("User-to-user payment service with payee-specific pay pages") and 20020120567 ("Hosted services for collecting payments from and providing personalized content to web site visitors"). Both list Amazon CEO Jeff Bezos as an inventor and use the Amazon Honor System to illustrate a commercial implementation of the inventions." Hmm...wouldn't eBay's point system be prior art in this situation?
Prior art can be cited to the Patent Office pursuant to 35 USC Section 301 and 37 CFR Section 501. These sections specifically relate to issued patents, however, so it is unclear whether anything sent to the patent office would be placed in the file wrapper of the application. It is worth a shot, anyway, and should also be sent directly to the applicant so there can be no claim that the applicant wasn't aware of it during prosecution. I glanced at the published application and at least the first claim seems to be related to paying for "content" with the one click system through an external service provider.
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Yes, they keep the filing fee even if it is rejected, however, they lose filing fee revenue if people know they can't file patents based on a certain structure.
Take away software patents, you lose software patent filing fees.
Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
As a law clerk at a patent firm, I would like to clarify that all patent applications filed with the USPTO must be published after 18 months regardless of whether or not a patent will issue. (Exception if you intend to file only in the US). The publication of these applications affords no protection to the applicants. Only in the event of a granted patent will this be recognized as novel by the USPTO and granted the protection of the patent system.
The procedure is detailed in section 1.99 of the following document:
Title 37. Note that there is a $180 fee.
I'm sure there are members of the slashdot community that would
be willing to contribute. As would I, unfortunately I have to post this AC.
As an assistant to a patent attorney, I think I can say that everyone is being a little bit alarmist here. These are patent applications, not granted patents. You can file an application for any old stupid thing, and it will be published. That has no bearing whatsoever on whether or not the patent will be granted. And, while I'd be the last person to say the USPTO is a flawless organization, I can assure you that the examiners do not rubber stamp applications which come from large entities--although I sort of wish they would.