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Regifting Not Just A Seinfeld Gag -- It's Patented

theodp writes "While the jury's still out on Amazon CEO Jeff Bezos' gifting patent, the USPTO has given thumbs-up to a patent for regifting. The electronic regifting patent, which cites a Seinfeld episode and Bezos' pending patent application as prior art, was awarded to an individual who also holds a patent for exchanging online gifts."

23 of 70 comments (clear)

  1. Great... by Danse · · Score: 3, Funny

    I'm predicting online fruit-cake gifts that will be "regifted" around the net for all eternity....

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    1. Re:Great... by Detritus · · Score: 3, Funny

      Where do you think all of the "missing matter" in the universe is? Forget about dark matter, its fruit cakes!

      --
      Mea navis aericumbens anguillis abundat
  2. That's awesome... by anthony_dipierro · · Score: 4, Funny

    1) Take someone else's idea

    2) Add "on the internet" to the end of it

    3) Get a patent????

    4) Profit!

  3. Following along from Seinfeld... by CanSpice · · Score: 4, Funny

    ...look for the following patents in the near future:

    1) Women's names rhyming with female body parts.
    2) Superman.
    3) Entering a room in a wacky manner.
    4) Nothing.

    1. Re:Following along from Seinfeld... by seinman · · Score: 2, Informative
      4) Nothing.
      There's already a copyright on that one.
    2. Re:Following along from Seinfeld... by pangloss · · Score: 2, Funny

      Who's got a patent on the "bro"?

    3. Re:Following along from Seinfeld... by FurryFeet · · Score: 3, Funny

      Maybe the Male upper garment and manufacturing method of reinforcement pad for use therein counts?

      It's not exactly the same, but at least as funny. "With those elements, the garment displays an appearance of a man of a well-developed pectoralis major muscle". Oh boy.

  4. I suppose by The+Cydonian · · Score: 2, Funny
    it'll be okay if we are re-re-gifting things.

    May be we could re-gift the object in question to ourselves first, before re-re-gifting it to others.

  5. Online gifts only by Josh+Booth · · Score: 4, Informative

    This patent applies to online gifts only, which are indeed convered by this guy's earier patent. Why someone would opt-in to a system that allows the recipient of a gift to trade it for something else without even recieving it is beyond me.

    1. Re:Online gifts only by pjbus · · Score: 2, Insightful

      This makes perfect sense. "Buy" something on Amazon for someone but don't have it delivered. Send them an "e-card" with a link to their "gift". If they like it, they can have it delivered (shipping is already paid by buyer), if they don't then they can use the item's cost and shipping costs as credit towards whatever item they'd really like. Makes sense to me.

    2. Re:Online gifts only by skaffen42 · · Score: 3, Funny

      Why someone would opt-in to a system that allows the recipient of a gift to trade it for something else without even recieving it is beyond me.

      If only we could convince the mother-in-laws of the world to accept this. A lot of guys would be a LOT happier come the holidays.

      (Damn, I should have posted this as an AC...)

      --
      People couldn't type. We realized: Death would eventually take care of this.
  6. Monty Python. by jefu · · Score: 2, Funny
    I think Monty Python has established all kinds of prior art in terms of "entering a room in a wacky manner".

    Though since it wasn't patented, only broadcast on tv, the USPTO would probably issue a new patent on it anyway.

    Hmm, I wonder if I could just patent John Cleese? The list of claims would probablyfill quite a large volume.

    Claim 1: A silly walk. This walk consists walking stiff legged with legs raised to an angle of at least 20 degrees from the vertical. See diagram 1 and enclosed video. This claim applies to all silly walks involving stiff legs. Optionally the Silly Walker may make a faux moustache with horizontally held fingers - however this addition is not a Fundamental part of this Claim.
    Claim 2: A silly turn. In conjunction with Claim 1, the Silly Turn involves pivoting on a stiff leg and turning the body more or less rigidly about any turn of any number of degrees ranging from 0 to 720 (both left and right terms falling within the scope of this Claim.)
    Claim 3: A Silly Walk.....
    Claim 976 : The Spanish Inquisition

    1. Re:Monty Python. by syrinx · · Score: 5, Funny

      Claim 976 : The Spanish Inquisition

      Didn't expect that..

      --
      Quidquid latine dictum sit, altum sonatur.
    2. Re:Monty Python. by fuzzybunny · · Score: 2, Funny

      Didn't expect that..

      Of course you didn't. Nobody exp...oh bugger.

      --
      Cole's Law: Thinly sliced cabbage
  7. Wasn't this in 'The Hobbit'? by sanctimonius+hypocrt · · Score: 3, Informative

    I think there's a reference to old 'gifts' called mathoms(?). Whoever had one would give it to the next person who was due a gift, and so on.

    1. Re:Wasn't this in 'The Hobbit'? by tiled_rainbows · · Score: 2, Funny

      In Lord of the Rings, it says that a mathom is a thing that you have no use for but can't bear to throw away, so you send it to the Mathom House in Michel Delving, the capital of the Shire.

      Bow down before my superior LOTR knowledge!!! Bwahahahahaaaa!!!! Oh yeah, the laydeeeez are gonna be so impressed.

  8. Warning -- this is a foaming rant. by The+I+Shing · · Score: 3, Insightful

    A patent like this actually being granted... dearest Lord in Heaven... rain fire from the sky and end this madness.

    I absolutely would not believe that such a basic, obvious concept would be granted twenty years of patent protection if I didn't see it with my own eyes.

    If Thomas Edison was around today, he wouldn't have to patent the light bulb. He could patent light itself, and could then sue those who allowed the sun to shine into their homes.

    Really. Honestly. What's next? What other totally obvious, ridiculous things can the USPTO issue patents on? How about a patent on punching an extra hole in a waist belt to avoid having to buy a new one? How about twenty years of protection for the idea of catching fireflies in a jar?

    I think the US Patent system was a wonderful thing and has really helped to make the USA a technological leader in many areas, but the system appears to be flat-out broken. It's flopping around helplessly like a squirrel injured by a passing car, spewing insane patents all over the place. Patent experts know how badly broken it is and they're exploiting it to no end. This latest insanity is just a single snowflake sitting on the top of the tip of the iceberg.

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
  9. Citing prior art to get your patent? by kaltkalt · · Score: 2, Interesting

    "The electronic regifting patent, which cites a Seinfeld episode and Bezos' pending patent application as prior art"

    So now citing prior art in your patent application actually helps you GET the patent? Or did they just cite to all this prior art and then say "we're doing that, but just add the word 'internet' to it." I'd think citing prior art to your own idea in a patent application would be the one way to actually get them to stamp 'denied' on the application. That, of course, presumes that they actually still do have the 'denied' stamp. Chances are they lost it sometime in the early 1990's and never bothered to order a new one (would be a waste of taxpayers money to do so).

    --

    Stupid people make stupid things profitable.
    1. Re:Citing prior art to get your patent? by Anonymous Coward · · Score: 2, Insightful

      Your question indicates a severe misunderstanding of the patent system. Please go to uspto.gov and actually learn about the system before making complaints. The problem is not that you can still get a patent for a novel invention for which prior art exists as inspiration or a base on which the newer invention builds. The problem is that the foundation for patents (a clause in the US Constitution) is built on an unproven assumption that would seem, in reality, to be faulty. If the idea is to promote the arts and sciences, I can think of nothing more deleterious to that process than the idea of granting "ownership" of bits and pieces of the arts and sciences to individuals just because they thought of them first.

    2. Re:Citing prior art to get your patent? by Box+Checker · · Score: 2, Funny

      actually, i own the patent for stamping denied on patent applications. it hasn't paid off though, as it seems all patents are approved these days. note to self: patent the approval of dumb ideas, make made loot!

  10. My theorem on patenting and copyright of today. by miffo.swe · · Score: 3, Insightful

    I have been thinking about theese patents fo awhile now. Copyrights and patents seams like a way to make something obvious and commonly used profitable. The question one must ask oneself is just why governments is so keen to accept patents as an end-all solution to keeping markets up in their never ending incline in profit. I think especially the US has confused development of products and goods with making money easily.

    Because development = money they have gotten it backwards and think that money = development wich is infact quite the opposite IRL.

    If there are shortcuts to money companies will use them instead of putting money on R&D. If you can get a patent on an obvious solution to a common problem you will be the gatekeeper to that problem. Imagine the state of the economy today if someone had patented the internet, the electricity or the cars?

    Development would stand still and prices would have been up the roof.

    The key to balance between progress and the ability to profit from progress is short timespan of governental subsided monopoly. I.E someone given a patent should have a short limited time to cash in on the patent. Thus making the development and implementation of patents the goal instead of like today, finding the patent with the most "users" and then just collect money.

    Patents as stupid as theese isnt nothing but a nuicence until they are extended for 10 years. If it only held up for a couple of years it wouldnt matter. The timeframe that copyright and patents stands is what must be changed. Patents should not be something you pile and then just sit back. The original idea about patents is NOTHING like what we see today.

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    HTTP/1.1 400
  11. Re:PAY UP! by itsari · · Score: 2, Funny
    Now it's your turn to pay up.
    I've just recieved the patent for:
    Method for Specifying a Sequential Series of Steps in Electronic Format for Achieving Profitability for Use as a Business Plan Where the Step Immediately Prior to Profitability May Be Ambiguous, Omitted, Incomplete, Unclear, Stupid, Foolish, Humorous, or Otherwise Unlikely-to-Work-in-the-Real-World On The Internet
  12. an idea for preventing more of this by Slash.ter · · Score: 4, Interesting

    It seems that prior art doesn't matter much in this case but it certainly helped in the Eolas case.

    Has anybody thought about creating competition to USPTO? Imagine a site (like freshmeat) accepting ideas with a prototype implementation (perl, python, Lisp, etc.) - nothing general (other than the description of the idea). This would constitute a library of prior art for trivial ideas - The Prior Art Library (TPAL).

    Here are some quick thoughts about TPAL:

    • reinforcement would come from whoever wants to make money on it: if company A wants to charge company B for IP, B hires lawyers and references prior art (that assumes that A filed for patent after there was an entry in the TPAL)
    • whenever a developer thinks of an idea that would be granted a patent (= any idea), an entry is submitted to TPAL with a 20-line hack. No worries to get sued later if somebody decides to take it to USPTO.
    • Since trivial stuff ends up in TPAL, USPTO gets worthy patents for a change.
    • Ideas would not die with companies or retire with people that had them.