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USPTO To Reexamine Eolas, SBC Patents

Posted by timothy on from the they-did-it-for-sideways-swinging dept.

theodp writes "The USPTO Director has ordered reexaminations of the infamous Eolas Distributed Hypermedia Method (discussed earlier(1) on Slashdot) and SBC Structured Document Browser (discussed earlier(2) on Slashdot) patents. Maybe this will inspire Tim O'Reilly to get that killer piece of 1-Click prior art off his bookshelf!"

5 of 96 comments (clear)

  1. How many times... by Space+cowboy · · Score: 4, Insightful

    ... has this happened in the US ?

    If this can be duplicated for other patents, could this a possible route to pointing out how futile software patenting is ? I'd guess that if the USPTO had to constantly re-examine s/w patents they might be more leery of granting them ...

    Simon

    --
    Physicists get Hadrons!
  2. Re:Hmmmm, other motivations.... by goldspider · · Score: 5, Insightful
    "Not to be entirely cynical but what are the odds that Microsoft had a little bit to do with the review by the USPTO."

    And what if they did? It's a patent that, in all likelihood, never should have been awarded, so it really doesn't matter much to me who got the USPTO to examine it as long as it and bad patents like it are thrown out.

    Seriously people, you have to stop cutting off your nose to spite your face. This is a good thing!

    --
    "Ask not what your country can do for you." --John F. Kennedy
  3. Putting a leash on the patent monster by dcavanaugh · · Score: 4, Insightful

    The Patent Office is a government agency. Like all government agencies, it lwill do whatever it takes to sustain itself and grow. Their growth strategy has been to collect fees and issue patents, often without much regard for prior art and common sense.

    Trying to stop the growth of USPTO is like trying to stop the sun from rising. Perhaps there is a way for them to collect additional (even higher) fees for re-examining questionable patents. Considering all the garbage that is out there, they is quite a bit of work to be done and a captive market to pay for it. I think the Patent Office needs something to do. Pulling the plug on misguided patents would be a worthwhile effort. All we need for patent reform is a way to align the inevitable collection of fees with the policy goal of protecting only those truly innovative ideas that cost big money for R&D.

  4. What if it wasn't MS by oolon · · Score: 4, Insightful

    I make you wonder what would have happened if it had not been MS. If MS had the patent and Eolas was being sued, the bet the patent office would have let the court decide if the patent should stand or not, which is the normal way they behave.

    James

  5. Precedent by SparklesMalone · · Score: 4, Insightful

    I doubt everything will be reviewed, but if there is a single review of a software patent then there is precedent for more reviews, and hopefully a message to all that patents aren't to be handed out like candy. Unfortunately the General Powers and Duties of the USPTO according to law are 1) to follow the policy of the secretary of commerce, 2) to issue patents, and 3) to disseminate patent information to the public. There is nothing in the general duties about ensuring the patent is "first art".