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Dell Infringes on Patent by Selling Overseas?

senior.wrangler writes "Looks like new evidence that the U.S. Patent Office is hiring monkeys to bulk-approve new patents. DE Technologies has been granted a patent covering international transactions handled over the computer. Here's a quote from their web site: With patent coverage securing 80% of the world 's trading markets, DE Technologies is securing licensing arrangements with international trading participants. Kinda creepy, if you ask me."

79 of 407 comments (clear)

  1. Licensing? WTF? by chochos · · Score: 4, Interesting

    Who the fuck is going to be interested in licensing something that obviously has prior art written all over it? I live in Mexico and have been buying stuff from Amazon numerous times for like 5 years. Does that count as international transactions over the computer?

    1. Re:Licensing? WTF? by gl4ss · · Score: 4, Insightful

      * I want to patent sales in general. It was my idea to sell stuff.*

      no no, it doesn't work that way.

      you take something obvious, like opening a car door. then you add to that computer, digital and network.

      so the patent you're going to file for would be "Opening car door using digital computer network", then you sue car companies for using digital authentication/key systems in their car keys/door openers.

      or another one, writing an essay.
      to that you add computer, digital and network.

      this time the patent would be for writing literature works over a network of digital computers. THEN YOU SUE SLASHDOT!

      --
      world was created 5 seconds before this post as it is.
    2. Re:Licensing? WTF? by Lonath · · Score: 4, Funny

      the patent would be for writing literature works over a network of digital computers. THEN YOU SUE SLASHDOT!

      Literature: creative writing of recognized artistic value

      I think slashdot's safe.

    3. Re:Licensing? WTF? by 1ucius · · Score: 5, Informative

      Unfortunately, the patent was filed in 1996, so 5 year old art doesn't help. Even if Amazon.com was prior art, I'm not sure if they did everything necessary (e.g., did Amazon use local currency or price everything in USD).

      1. A computer implemented process for carrying out an international commercial transaction comprising:

      * running a transaction program on a computer system so as to integrate processes including:
      o (a) selecting a language from a menu in which to view cataloge information on products;
      o (b) selecting a currency from amenu in which to obtain price information;
      o (c) selecting a product to be purchased and a destination for shipping such product to be purchased;
      o (d) accessing at least one local or remote database for obtaining
      + (i) price information for the product to be purchased; and
      + (ii) a product code for an international goods clasification system pertinent to such product; and
      + (iii) international shipping information related to an origination point of such product and said destination;
      o (e) calculating costs involved in moving such product to said destination based upon said destination and such product;
      o (f) determining a total cost of the transaction that includes a price of the product;
      o (g) receiving an order for such product thereby triggering an electronic process for confirming existence of available funds; and
      o (h) upon confirmation of availability of said funds, accepting said order, generating an electronic record, such record including the content of a commercial invoice, to facilitate passage of such product to said destination.

    4. Re:Licensing? WTF? by Fred_A · · Score: 2, Interesting

      I wonder if I didn't ever order stuff through Compuserve while connecting to them through an X25 network from a Tandem mini/Mainframe from France.

      And that was way before 96.

      --

      May contain traces of nut.
      Made from the freshest electrons.
  2. Gah by TupperTrenine · · Score: 5, Funny

    Damn the monkeys, first Shakespeare, now this?

    1. Re:Gah by tod_miller · · Score: 4, Funny

      CHeck out thier website:

      meta name="GENERATOR" content="Microsoft FrontPage 4.0"
      meta name="ProgId" content="FrontPage.Editor.Document"

      Dear Microsoft,

      Please kindly check if they have a license for Frontpage 4.0

      Dear World,

      Do you really worry about being sued by someone using Frontpage 4.0?

      Dear Investors,

      They want to skank you money, you loosers, don't invest, if IBM and Dell say 'shoo' to these wankers, then you can pee yourselves and run along.

      Dear Mr. Edward Pool,

      I saw your pic here: http://www.detechnologies.com/biopage.htm

      You look like a spivvy wanker, I hope there is no Mrs Spivvy Wanker for you to torture with your small penis.

      Don't think you can pwn the internet else we will track you down, and monitor your network traffic, voice calls, toilet frequency, choice of floss and diethabits, until we find that little pressure point, and apply pressure, with a jack hammer.

      Thank you.

      Dear Penny Arcade,

      I would love some nice juvenile rhetoric aimed at these bitches. They may increase costs of games online, or stop the whole idea of tipping artists and micropayments.

      Oh did someone patent online busking yet?

      The plan is:

      1: Take something from reality
      2: Put 'e' in front of it
      3: ???
      4: Profit

      Where 3: is usually just pretend to makea fake product and sue the shit out of people until you go SCO (which is lingo for fucked now I hope).

      So:

      1: Selling to johnny-foreigner
      2: e-Selling to johnny-foreigner
      3: Sue Dell
      4: Wander around looking where they stached your penis, except you have no arms, and they spooned one of your eyes out.

      Have fun

      --
      #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  3. Trouble for all? by comwiz56 · · Score: 4, Interesting

    The way the summary describes it, doesn't just about any company that does internation business violate this patent?

    1. Re:Trouble for all? by Anonymous Coward · · Score: 3, Funny

      No, only when they use a computer. Everything is different when you use a computer.

    2. Re:Trouble for all? by Anonymous Coward · · Score: 2, Informative

      It would if the summary actually corresponded to what you have to do to infringe this patent.

      It doesn't. Here are some pointers that should be tattooed on the eyelids of every slashdot reader.

      1. The abstract doesn't define the 'invention'.
      2. The claims define the 'invention'.

      Keeping this in mind should clear up probably 80% of the hysterical whining you read on slashdot about patents....

    3. Re:Trouble for all? by 91degrees · · Score: 2, Insightful

      Yes, but the devil is in the detail.

      The summary is just a summary. To actually find if you're violating the patent, you need to look at the claims. It's a shame the summary and the detail both failed to give the patent number.

  4. omfg by ssand · · Score: 3, Interesting

    An international transaction done by a computer. Every online store would pretty much be guilty of this, as would all offline stores who use a computer to send out their merchandise. This is byfar one of the worst ones yet.

    1. Re:omfg by nomadic · · Score: 2, Insightful

      They made one mistake; they started their lawsuit strategy with Dell. Traditional practice is to sue the little guys first to build up some resources and set some precedent, then go after the big guys. Dell can (and probably will) keep this lawsuit dragging on for years, and they'll probably win in the end.

    2. Re:omfg by Draknor · · Score: 3, Funny

      That's what they wanted to do, but they found out that process was already patented!

      So then they attended the Darl McBride School of Business Law.

    3. Re:omfg by tftp · · Score: 2, Insightful

      That is not so. One man can dig up only so many references, precedents and prior cases... and a team of lawyers, with assistants of all sorts, can just flood him with precedents and he won't be able to rebut most of them. Lawyers team up not because they want to divide the spoils but because it makes their case stronger.

  5. Here is my patent by antifoidulus · · Score: 4, Funny

    A method of saving money on white collar labor by conducting work in cheaper areas overseas via computer.
    Wipro, I own you!

    1. Re:Here is my patent by cgenman · · Score: 4, Funny

      How's this?

      A method of bypassing lawyers in the patent process by stepping through every current patent and adding the words "with a computer," with a computer.

  6. I don't think anyone by Wehesheit · · Score: 2, Interesting

    ..is even reading the patent requests anymore. I bet it's an assembly line with a big approved stamp at the end.

    --
    This P.I.G. will walk on the water, This P.I.G. will walk on the sea, This P.I.G. will walk whereever he wants.
  7. Its really not fair to the monkeys! by cpn2000 · · Score: 4, Funny
    Looks like new evidence that the U.S. Patent Office is hiring monkeys to bulk-approve new patents

    Monkeys dont get no respect around here!

    --
    All you touch and all you see is all your life will ever be ... Dark side of the moon
  8. This is just silly by eofpi · · Score: 4, Informative

    Sounds like another one for Public Patents.

    --
    Y'know, you blow up one sun and suddenly everyone expects you to walk on water.
  9. Jesus Christ... by k4_pacific · · Score: 3, Interesting

    This may be the big one folks. There is so much prior art for this that its not even funny. Not only that, this is the backbone of the world's economy and its rigorous enforcement may well wake up the world to the problem of broad software patents and bring about quick change to the patent system.

    May it be rigorously enforced for the good of humanity.

    --
    Unknown host pong.
    1. Re:Jesus Christ... by back_pages · · Score: 3, Insightful
      There is so much prior art for this that its not even funny.

      Clearly you have the patent number? I looked at the article and found no mention of an actual patent - only the assertion that one exists. Of course, this is an obscenely irresponsible method of journalism since every issued patent is published and available on the internet.

      It's quite obvious that unless someone can provide the patent number, any discussion here epitomizes uninformed bullshit. Of course, I could search for the patent, but I would have no idea of knowing if what I found would be the patent actually being used in litigation.

      So, do you have the patent number? I'm interested in reading the patent myself.

    2. Re:Jesus Christ... by powerspike · · Score: 2, Informative

      http://www.detechnologies.com/news.htm, if you had of even looked at there site, you would of seen that the patent number was in the the little snippet for the press release about it. On the other side, they have a picture of a tanker on there front page, i wonder if it's going to sink as quickly as the patent will.....

    3. Re:Jesus Christ... by AndroidCat · · Score: 4, Informative

      US Patent No. 6,460,020 and I swear this was covered in Slashdot before. (2002 is a little long to shout Dupe! however.)

      --
      One line blog. I hear that they're called Twitters now.
  10. Kinda creepy? by fbg111 · · Score: 4, Funny

    Since the quotes from this posting were a little out of place, I first read this as follows.

    Here's a quote from their web site: "With patent coverage securing 80% of the world 's trading markets, DE Technologies is securing licensing arrangements with international trading participants. Kinda creepy, if you ask me."

    If even DE Technologies can publicly admit their scheme is "creepy", you know something's rotten in the state of Denmark.

    --
    Flying is easy, just throw yourself at the ground and miss. -Douglas Adams
    1. Re:Kinda creepy? by precogpunk · · Score: 2, Insightful

      I like this quote by them, "What an insult to call it a business process. To this day no one has been able to duplicate this design." -- sounds like someone has a chip on their shoulder.

  11. A million monkeys... by b1scuit · · Score: 5, Funny
    A million monkeys, pecking away at a million typewriters, will one day reproduce the entirety of this patent application.

    You know, I'd patent the idea of using monkeys to come up with patent applications, but there's prior art.

  12. A patent about discussing patents next! by zenst · · Score: 3, Funny

    So lets get this straight, I could write down some over englished definition of something vague and then as long as nobody else has been vague or the patent clerc checking the application has no common sence. I could in theory get a patent about discussing patents and charge you all commision by tea time. :D

    Does prior art mean nothing in this, hell what next backdated claims to sue Columbus :/.

    Perhaps a patent about issueing patents then taking the patent office to court for infringment and see them sort out this common sence/prior art monkey-fooing.

  13. (Auto Reply) your patent by k4_pacific · · Score: 5, Funny

    A spammer has been using my email address as a forged return address for some time now. I knew there was trouble when this showed up in my inbox:

    From: patent-approvals@uspto.gov
    Subject: (auto-reply) Your patent

    Your patent submitted to patent-approvals@uspto.gov for "A new medical miracle! Better than V|agr.a" has been granted. Your patent number is 54594523345. Your patent certificate will be mailed to:

    OptInRealHard
    Service Dept.
    Box 450
    Sarasota FL

    --
    Unknown host pong.
  14. I can just hear it now... by Ninwa · · Score: 5, Funny

    The people at that company are jumping up and down "I can't believe we got it Jack! We hit the lotto! WOOOOOOOOOOOOOO...let's call our lawyers, man I can't believe the patent system IS THAT BAD!" -cheers-

    blah

  15. Check out the US Patent Examiner... by cypherwise · · Score: 5, Interesting
    1. Re:Check out the US Patent Examiner... by Rhalin · · Score: 4, Funny

      Gotta love that...

      they list a basic CS 4 year degree for Computer Science patents, but under Electrical Engineer there's about a page and half of specific requirements.

      Half these companies are probably sending employee's children to college under an "I want to be a patent examiner" fund to get there ideas quickly approved.

      I think this is the only job in CS I've ever seen that doesn't include any prerequisite experience.

    2. Re:Check out the US Patent Examiner... by back_pages · · Score: 3, Informative
      While that page is accurate, I have never heard of anyone being hired in at less than the GS-7 level. It's also worth noting that decisions to hire, fire, and the details of the job offer (GS level, to the extent that it's flexible) are determined by the supervisor, not someone in an unrelated HR department, and that the current tech economy allows these supervisors to be extremely selective.

      The assertion that the USPTO employs monkeys in an assembly line is an indictment and conviction of the public's crippling ignorance into how the legal system works. I know an examiner who has a graduate degree in both nuclear physics and electrical engineering, and I wouldn't even bother asking what undergrad degrees he has - and this guy doesn't even have the authority to issue a patent. I hold two BS degrees, and if I advance as fast as possible, it will be over half a decade before I can issue a patent myself.

    3. Re:Check out the US Patent Examiner... by Anonymous Coward · · Score: 5, Funny

      Exactly what is wrong with this patent? Please cite the laws and 37 CFR in your answer

      Does 37 CFR cover common sense?

      You monkeys approved a patent on teasing a cat with a laser pointer. I am somewhat less than interested in any 37 CFR paragraphs you can cite that will support your arguments.

    4. Re:Check out the US Patent Examiner... by drlake · · Score: 2, Insightful

      Rather than get defensive, how about dealing with the basic issue which is that granting a patent on an obvious process is rather silly. In the case of this lawsuit, unless DE Tech can show that Dell is actually using their exact process and didn't develop it independently, I'd say they're screwed since that will prove it is obvious. Hell, if Dell has been conducting international transactions online since before the patent was issued in 2002, it seems that DE Tech has a problem as well.

    5. Re:Check out the US Patent Examiner... by Waffle+Iron · · Score: 2, Insightful
      Exactly what is wrong with this patent?

      The patent is supposedly #6,460,020. The problem with it is that it is totally obvious even to a high school dropout. Here is the first claim:

      1. A computer implemented process for carrying out an international commercial transaction comprising:

      running a transaction program on a computer system so as to integrate processes including:

      (a) selecting a language from a menu in which to view cataloge information on products;

      (b) selecting a currency from amenu in which to obtain price information;

      (c) selecting a product to be purchased and a destination for shipping such product to be purchased;

      (d) accessing at least one local or remote database for obtaining

      (i) price information for the product to be purchased; and

      (ii) a product code for an international goods clasification system pertinent to such product; and

      (iii) international shipping information related to an origination point of such product and said destination;

      (e) calculating costs involved in moving such product to said destination based upon said destination and such product;

      (f) determining a total cost of the transaction that includes a price of the product;

      (g) receiving an order for such product thereby triggering an electronic process for confirming existence of available funds; and

      (h) upon confirmation of availability of said funds, accepting said order, generating an electronic record, such record including the content of a commercial invoice, to facilitate passage of such product to said destination.

      The rest of the claims are further minor tweaks on this same theme.

      Here is my assessment of these steps in their transaction process: (a) duh (b) duh (c) duh duh (d) duh duh duh duh (e) duh (f) duh (g) duh (h) duh.

      Is there any possible way to implement an "international" purchase that doesn't require all those steps? Is there anything innovative at all in those claims? No, because everything there is totally OBVIOUS.

      The idea of the government granting a 20-year monopoly on this set of steps is utterly absurd.

    6. Re:Check out the US Patent Examiner... by servoled · · Score: 2, Interesting

      You obvious have never read 35 USC 102 and 103, or any of the case law which interprets these laws. Try again, this time provide dated proof that these concepts were obvious before December 30, 1996.

      Until you can do that, this patent will stand.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    7. Re:Check out the US Patent Examiner... by mike2R · · Score: 2, Insightful

      I think the point was that any system that cannot see the obviousness in the above steps is either broken or being run by monkeys*. I don't need to know the wording and interpretaion of the legislation to deduce that - the granting of the patent proves this from first principles.

      * NB I don't have any personal knowledge of which it is, but anything that produces results like that has got to be due to either bad systems or bad people.

      --
      This sig all sigs devours
    8. Re:Check out the US Patent Examiner... by nmos · · Score: 3, Insightful

      I would guess that if you took the time to try to find a publication dated prior to December 30, 1996 (the priority date of this application) that proves that this concept was obvious or previously existed you would find it an annoyingly difficult task.

      And if that is what is truly necessary then you are just proving the parent poster's point about the monkeys. The basic steps listed in the patent have been done by people for decades if not centuries. Just following along the same steps on a general purpose programable computer is not an invention, it's what computers are for. The first guy who just happened to own both a microwave and a cold piece of pizza shouldn't automatically get a pantent on "heating up pizza in a microwave"... not even if he writes down every little half step involved in the process of opening the pizza box. The first CPA to get their hands on an electronic calculator didn't deserve a patent on "A system of prepairing taxes using an electronic calculator" because that was an obvious thing for a person with that problem to do with that tool. I've been waiting for my flying car since at least the 70s and now it looks like the first guy to get one is going to patent every possible use one might make of a flying car and no one else will be able to actually go anywhere in one without violating a patent.

  16. Forget this case... by thewonderllama.com · · Score: 4, Funny

    ... i just hope they strike down the 'discharging amonia waste into a porcelain structure' patent because I really really gotta go. ~BS

    --
    Home of the EULA shirt
  17. WTF is right.. by WebCowboy · · Score: 4, Insightful

    I remember hearing that some computer store was taking orders over their dial-up BBS in the 1980s. I don't see any technical reason that such a setup couldn't have been used from long-distance dialup from another country to perform a transaction via computer.

    How about Interac (direct payment) machines? I know I've been able to use my Canadian debit card in the US long before Amazon became big. I think that qualifies as an international transaction via computer as well.

    How can anyone take this out-of-work patent attorney loser seriously? His patent is lame, his business model is lame and even his website is totally lame....NICE JPEG JIGSAW PUZZLE YA DUMB TURD! That "1996 school of WWW design techniques" screams "innovative" about as loudly as your stupid patent.

  18. Has everything already been invented? by 3770 · · Score: 3, Informative

    There is a popular story that some official of the U.S. patent office resigned some time in the 19th century, or even wrote a letter to the president suggesting shutting it down, because he thought that everything that could be invented already had been invented.

    This article inspired me to find out more about that and found that it was a myth. Interesting though.

    --
    The Internet is full. Go Away!!!
  19. I wonder if this guy has another patent... by WebCowboy · · Score: 4, Funny

    ...that he licences to the patent office. Something like:

    "A method for reviewing and granting patent requests automatically via computer"

    Might explain what's going on out there.

  20. Has anyone actually found the patent? by Tpenta · · Score: 3, Insightful

    I find it amazing (I guess I shouldn't) that we are seeing all of this commentry, but as of yet no reference to the actual patent.

    As far as I can see the article does not mention it.

    Does anyone have a reference to it so we can actually discuss this sensibly, or would we all prefer to keep shooting off our mouths in ignoarnce of the actual issue?

    1. Re:Has anyone actually found the patent? by .orvp · · Score: 5, Informative

      I did, by snooping around the website of the (I consider) punks. They announced they won the patent in a press release about getting the Borderless Order Entry System (BOES(TM)) patent. The actual patent would be found on the USPTO.gov website. It was filed December 29, 1997, and so it really was prior to much internet international transactions taking place. And this patent went through a lot of scrutiny from what I see.

      At one point, it was even mentioned in Congress by a Virginia lawmaker as a horrible use of the patent system. (Read another news story that has more on this.) And it was revised many times. I see a lot of work done on this.

      Now do I think they are bastards? Oh yea. Do they have a case? Unfortunatly, it appears so. But this sort of thing shouldn't be patented in the first place.

      --
      My other sig is just as lame
  21. Another Broad Patent by imemyself · · Score: 3, Interesting

    About a week ago, as part of a field trip for Computer Systems in high school, I got to take a tour of one of Engenio's (hard drive controller manufacturer) engineering facilities. On their wall of patents, one of the plaques said it was a patent for "Enclosure". Nothing else, just the word Enclosure. I assume they're talking about some particular method of enclosing hard drive controllers, but still, you'd think the Patent Office would be a little more specific than just "Enclosure".

    --
    Every time you post an article on Slashdot, I kill a server. Think of the servers!
    1. Re:Another Broad Patent by TheHonestTruth · · Score: 2, Funny
      Just because it has a broad title doesn't mean the claims aren't very specific.

      Dear Feynman,

      Please stop posting. Telling people that a patent's title has nothing to do with the claims, while true, quiets the uninformed weeping and gnashing of teeth we look for when posting patent topics. We would appreciate you taking your accuracy elsewhere. Thank you.

      -CmdrTaco

      --

      I had a steady B+ in my AI class until I failed the Turing test...

  22. Read it for yourself by Capybara · · Score: 5, Informative

    The actual patent is #6,460,020. I would summarize it by saying that it covers writing a program to do all of the stuff you need to do to sell products internationally, including currency conversion, tariff and shipping calculations, etc. Sounds pretty obvious to me. Enjoy...

    1. Re:Read it for yourself by Xerithane · · Score: 3, Funny
      I'd like to point out this gem:

      (a) selecting a language from a menu in which to view cataloge information on products;
      Quick, someone take this patent, and append "by fulfilling the order with localized distribution centers".
      --
      Dacels Jewelers can't be trusted.
  23. A tool..... by WilyCoder · · Score: 3, Insightful

    I am of the mindset that a computer is simply a tool with which to do things I normally couldn't do.... like compute primes faster than my monkey brain could ever hope to...

    A car also lets me do things I normally couldn't do (like move in 3d space at a rate of 60mph)...

    Is someone going to patent the idea of me driving my car so that I may get to work on time? The logic is the same IMHO....

  24. Not Monkeys by John+Hasler · · Score: 4, Funny

    > Looks like new evidence that the U.S. Patent
    > Office is hiring monkeys to bulk-approve new
    > patents.

    Not monkeys: very efficient clerks. It takes skill to wield a rubber stamp that fast.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  25. Literature? Slashdot? WTF? by stoborrobots · · Score: 2, Funny

    Surely you mean "writing works of meaningless tripe over a network of digital computers"...

  26. The Search For Prior Art by KU_Fletch · · Score: 2, Interesting

    Okay, yeah, these guys are slime and need to go back to the hole they crawled out of. Let's help speed up that process.

    The patent abstract is this: An international transaction system for operation over the internet/intranet provides a pre-transactional calculation of all charges involved in any international transaction. Upon the option of the customer, the goods can be viewed on catalogue sheets translated to a language of the customer's choice, and the price provided in a currency selected by the customer. The customer also has the option of initiating the order with automatic credit authorization, generation of an electronic title or commercial invoice and arrangements and payment of shipping charges and any taxes and import/export duties.

    It is dated December 29th, 1997. Let's do a little thinking and find any instances of prior art. Yeah, it should be a "dude, we all know that was happening before then" scenario, but let's actually find something concrete and send the bastards packing. Let the happy hunting begin.

    --
    It's not stupid. It's advanced.
    1. Re:The Search For Prior Art by dbIII · · Score: 2, Funny
      It is dated December 29th, 1997. Let's do a little thinking and find any instances of prior art
      Hmm, international financial transactions over the internet - lets find an old email as an example:

      CONFIDENTIAL PROPOSAL FOR TRANSFER OF $38,500,000.00 FROM FEDERAL BANK OF NIGERIA THROUGH NNPC ACCOUNT
      I assume this message will not be a surprise to you.
      I am LARRY OGADWU an employee of Federal Government of Nigeria owned Corporation ....

  27. Re:Idea....... by 3770 · · Score: 2, Funny

    Hey, if you take me to court because I breathe then I'm going to slam you with my heart beat patent.

    If I were you I'd settle outside the courts.

    Otherwise we'd have to agree to not infringe on our respective patents and I can hold my breath for over a minute.

    --
    The Internet is full. Go Away!!!
  28. BOES PATENTABILITY POSITION PAPER by stoborrobots · · Score: 5, Informative
    Check out why they think that this product is actually patentable...

    from http://www.detechnologies.com/pos_papers/patent_po sition_paper.doc

    About This Paper

    Along with the recent issuance of U.S. Patent No. 6,460,020 for the Borderless Order Entry System (BOESTM) on October 1, 2002, some questions have been raised as to the patentability of the BOES invention. These questions relate generally to the false premise that the patent covers the simple automation of an old process on conducting international trade. The purpose of this position paper is to explain, first, that the BOES technology falls within the scope of inventions that are protected by U.S. patent laws, and, second, that the BOES invention deserves such protection.

    ...[snip]...

    Does BOES Deserve Patent Protection?

    To best answer this question, we must first understand: (1) What is the BOES technology?; (2) The timing significance of the BOES patent application filing; (3) The scope and extent of the Patent Office examination and subsequent reviews; and (4) Whether copyright law can adequately protect the BOES invention.

    1. What is the BOES technology?

    BOES is a fully integrated complex software system used to export or import goods between two or more countries. The purchase or sale of goods, whether between businesses or with the ultimate consumer, requires the connection and use of a complex set of service operations. These service operations include: ordering the goods; transporting the goods between buyer and seller; guarantying payment; insuring the goods in case of loss or damage; preparing and filing the appropriate documents with governments, carriers, and banks -- all within a framework of different languages, currencies, and trade laws.

    Before BOES, the capability did not exist to turn to a software system and have all the necessary tasks efficiently performed to conduct an international transaction for the sale of goods.

    2. The timing significance of the BOES patent application filing

    The original BOES patent application was filed at the end of 1997 -- well before the "Gold Rush" to the Patent Office by others seeking patent protection on business methods inspired by the State Street Bank case. After this seminal patent case was published, filing business method patent applications became the "in vogue" thing to do. Business method patent application filings skyrocketed in 1999 and 2000 and the Patent Office was deluged without the capability to effectively respond due to insufficient number of qualified examiners and inadequate prior art database resources.

    This situation dramatically changed for the better when, in March 2000, the Patent Office director ordered that each and every business method patent application go through a quality assurance review by seasoned patent examiners after its initial allowance. Furthermore, the Patent Office poured significant financial resources into hiring additional patent examiners with qualifications to examine applications in the financial technology area. The Patent Office also dramatically increased the patent examiners' capability to search publications from around the world to assist them in making prior invention determinations. The impact of these Patent Office improvements is reflected in the number of business method patents that are currently allowed and issued. Today, less than 30% of all business method patent applications are allowed -- drastically down from its all-time high of nearly 80% allowance only a few years ago.

    On a related issue, it is very important to note that the patent application filing date determines whether a prior patent or publication is considered prior art. The examiner will review patents and publications prior to the filing date to determine patentability. In the case of the BOES p

    1. Re:BOES PATENTABILITY POSITION PAPER by drlake · · Score: 2, Insightful

      After reading through this, it seems clear that the actual software should receive copyright protection, but not necessarily patent protection. The basic problem is still that the issuance of the patent presumes that integrating all this is non-obvious, which is debatable. While the patent office might have thought it was, this is the type of problem computers were made to solve so by the very nature of computing it seems obvious.

    2. Re:BOES PATENTABILITY POSITION PAPER by bfree · · Score: 2, Interesting
      Or put another (shorter) way:
      1. We got there first and were early on the idea of filing business method patents
      2. Even the pathetic US Patent Office seemed unhappy about this one, but it got through
      3. We couldn't try and close down the market for this type of product with copyright alone, we need patents to stop anyone else doing something similar
      Reading the patent it does seem like as always it is the obviousness test which is falling over in the US PTO, but if anyone can stomach reading it for longer then I did and can find something they think is non-obvious hit reply and tell us all about it! Does anyone have any information on how well applied the obviousness test is applied in other fields and countries?
      --

      Never underestimate the dark side of the Source

    3. Re:BOES PATENTABILITY POSITION PAPER by tyen · · Score: 2, Insightful

      The basic problem is still that the issuance of the patent presumes that integrating all this is non-obvious, which is debatable.

      Furthermore, within the position paper itself, they assert "These questions relate generally to the false premise that the patent covers the simple automation of an old process on conducting international trade." Then later they claim clients can "turn to a software system and have all the necessary tasks efficiently performed" as the novelty of their patent claim. This fails to adequately refute the counter-claim that they are claiming novelty by merely automating existing processes. Reading through the patent filing, I still fail to see how this is novel. The import-export and shipping businesses are horrendously inefficient; that's a business condition, not a patentable insight.

      Useful? Without a doubt. Automation of existing manual or unintegrated automated processes is always a productivity enhancer. But it fails the novelty test because they have conflated the tediousness of implementing complex regulatory-induced processes with unique insight. If this is patentable, Fred Smith could have patented FedEx, and innumerable other business opportunities capitalized by entrepreneurs every year predicated upon performing existing tasks more efficiently can also be patented.

      This is an abuse of the patent system, plain and simple. I hope their patent is revoked and they're sued into oblivion. They could have made a killing just building the system and maintaining compliance with the constantly changing regulatory and pricing environments, and offering a mass-production version of import-export services (and an outsourcing option for large companies that currently internally manage import-export issues). Trying to patent this however, is just plain folly, because it raises the ire of the large companies that already do this internally, and could have been their outsourcing client pool.

  29. the optimistic view by fishdan · · Score: 2, Insightful
    I choose to believe that someone has finally figured out a way to stop outrageous patents by patenting more and more outrageous things until FINALLY the system collapses. Is this the straw? Probably not. But I encourage EVERYONE to patent anything they can think of. The system will not be repaired when it's only partially broken -- it has to be broken all the way. And then people will realize that it can't be fixed...and finally we'll get somewhere.

    So cheer on the next time you hear about a really stupid, indefensible patent, and think to yourself "We're one step closer to making the whole thing so stupid that it will have to be scrapped."

    When I was at Palm, they paid us bonuses for filing for patents, and then extra bonuses for getting the patents. My name is on the patent for the web based calendar. How stupid is that? Apparently not stupid enough. A year later I got a patent for pretty much the same damn thing -- a method of scheduling events over the web. Now when I was doing this, I just wanted the $$$ Palm was paying me to think up stupid ideas, which they would then patent. Then after I left Palm, I felt guilty I had given them all these patents they might use to stifle innovators (namely me). But now I cheer! Because those patents are so dumb that they will fail under challenge, and as more and more patnets fail under challenge, things will start to get better.

    Want to help? Apply for more and more stupid patents. See what it takes to get a patent rejected. Break the system.

    As an aside, we also just got threatened by Acacia for streaming oggs. Honestly...where DO these people get the balls...

    --
    Nothing great was ever achieved without enthusiasm
  30. Why Dell rather than Amazon ? by zrq · · Score: 2, Interesting

    Is this why Amazon has different sites in each country ?
    www.amazon.co.uk quotes prices in GBP
    www.amazon.fr quotes prices in EUR
    www.amazon.com quotes prices in USD, even though the system knows I live in the UK.
    Did Amazon know this patent existed, or is it just the way they designed their business ?

  31. patent violation!!! by Ogman · · Score: 2, Funny

    It can't be "kinda creepy." Tom Delay and Dick Cheney have a patent on that, and they WILL sue!

    --
    But Officer, I DID read the f**king article!
  32. Congratulations USA by theolein · · Score: 3, Insightful

    You just voted in a government that is the one government singularly unwilling to do anything about this problem. If you think Bush and Cheney and co will do one single thing to change the patent system that gives them huge kickbacks, you are dreaming. Expect nothing, absolutely nothing to be done about this for the next 4 years.

    1. Re:Congratulations USA by scot4875 · · Score: 3, Insightful

      I'm no fan of the administration we just re-elected, but honestly, this 'issue' was not even on the radar.

      In a time when we have leaders chomping at the bit to come up with any excuse they can to start strategic wars, not to mention their misguided domestic agendas, an out-of-control patent office is the least of our concerns.

      --Jeremy

      --
      Jesus was a liberal
  33. This does not meet the criteria for 'not obvious' by hrvatska · · Score: 3, Insightful

    The general criteria for a patent is that it must be novel, not obvious to those working in the same field, and of practical use. Looking at the patent, it violates the 'not obvious' part of the criteria. It seems to be saying that it's not obvious to string together all the functions that would be needed to do business internationally over the internet.

  34. Boca Raton by macdaddy · · Score: 3, Informative

    Isn't it Boca Raton, FL where Scott Richter lives, works, and spams?

  35. New patent application proposal by bjbest · · Score: 2, Funny

    Abstract as follows: "This application is for a patent for a process for an invention cataloging, protection, and revenue system. Prospective inventors shall submit written descriptions of innovations to a central office, whereby a simian shall stamp it with an approval. The resultant invention can be defended by litigation. The inventor shall form a stock-issuing corporation of which can bring suit against any other use of such invention. Funds then can collected from many companies to the inventions shareholders."

  36. Big Mistake. by Facekhan · · Score: 2, Interesting

    Now I am not sure from the article whether this company has been threatening smaller companies to build up a war chest and is only now suing a big fish like dell but I think it is a big mistake. Dell is a very wealthy company and their corporate image leads me to believe that they are not the type to settle on something like this. They certainly have the resources ($10 million) to fight this out to the bitter end and win and any percentage desired by these patent terrorists (if its ok for them to call me a pirate, then I can call them a terrorist), of Dell's international business, which is a big growth market, will be more than the cost of fighting it out and probably winning. They would have to find a one in a million appeals judge to enforce this patent and risk virtually the entire US export economy, of which almost all of it is going to involve electronic transactions or already does.

  37. Prior art by any online foreign exchange services by aristotle-dude · · Score: 3, Informative
    Any foreign exchange broker offering foreign exchange services prior to the filing date of this would have prior art.

    My employer was conducting foreign exchange over a network over two years before this stupid patent was filed and doing internet transactions over a year before the patent was granted.

    Your patent office is very dangerous and should be closed down and audited.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  38. "non-obviousness" by gbulmash · · Score: 2, Informative
    In the linked CNN story, they quote/paraphrase Michael Kirk, the executive director of the American Intellectual Property Law Association.

    "After the State Street case, all patents applications would be judged by new criteria of novelty, utility and non-obviousness, says Kirk."

    Does this patent have:

    • Novelty? - Maybe 20 or 30 years ago, but this hasn't been novel for a LOOOOONG time.

    • Utility? - Definitely. But so does a pair of scissors.

    • Non-obviousness? - Yeah, right. The patent was granted in 2002. This was non-obvious in 2002?

    Ugghhh.
  39. Re:Prior art by any online foreign exchange servic by servoled · · Score: 2, Informative

    Does your employer still have the old version of its software from before December 30, 1996 posted somewhere? Is there an article in a magazine/newspaper/journal that describes how your employer operated its online transactions prior to December 30, 1996? Is there any public record at all of your employer's operations that give a technical description of its transactions prior to December 30, 1996?

    If none of this crap exists when the application was examined how in the hell do you expect anyone to find it?

    One of the big problems with software patents is there is no good central location which describes all the programs which have existed, how they operated and when they were introduced. Without this its nearly impossible to find dated evidence that some of these ideas were known at the time the application was filed.

    --
    "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
  40. Re:My next patent by Spruitje · · Score: 2, Informative


    Im going to patent the "idea of selling marihuana through internet", you see, since it was illegal before internet creation, there is no prior art, and some day, when marihuana gets outlawed, i will be rich....or dead.


    There are already some shops selling marihuana and hash over the internet here in the Netherlands.
    Prior art....

  41. Competition by t_allardyce · · Score: 2, Funny

    Can we have some sort of /. competition where everyone thinks of the most stupid and anoying idea they can patent and we all chip-in some money and get the winner patented and cause as much hassle to the worlds economy with it as we can?

    --
    This comment does not represent the views or opinions of the user.
  42. patent joke by sytxr · · Score: 2, Interesting

    (1) Method for cyclic contraction and decontraction of a variable-volume gas containment to facilitate a gas exchange by means of one or more gas exchange units located in the containment. The gas exchange takes place between the performing entity and the exterior gas mixture through a bi-directional gas channel connected on one end to the contracting and decontracting variable-volume containment and the exterior on the other. The contraction of the variable-volume containment creates an overpressure in the containment that drives a current of gas through the channel out of the containment. The decontraction creates an underpressure that reverses the direction of the current.

    "But there's too much obvious prior art for this!"

    Yes there may be, but it won't affect claim (2) of the patent application and the other ones:

    (2) Said Method where the CO2 content of the exterior gas mixture is equal to or greater than 0.0385 percent.
    Note to readers: Current atmospheric CO2 concentration is about 0.038 percent and raising
    (3) (2) where air flow caused by the contraction of the variable-volume gas containment incites self-
    propagating pressure gradients,which are used for linguistic or artistic communication between entities, by means of a device embedded in the bi-directional channel or or by the modulation of the geometry of the exit valve which may also be used as entrance for the intake of liquids and solids which serve as a power source to the entity.
    ***TODO for the patent lawyer: convert these claims to patent-speak***
    (4) Breathing while doing something else.
    (5) Breathing while having drunk something in the past 24 hours.


    DISCLAIMER: Only funny while still unreal.

  43. I have prior art from 1993 by ites · · Score: 4, Informative

    To be precise: I helped build a tour operating system used to provide travel agents with tools to book voyages. Now, this is an example from 1993 but we all know that similar systems (SABRE, AMADEUS) are old and go back to at least the 1980s.

    The system we built conforms pretty much to the criteria of the patent. Note that the patent does not say this is a "self-service system", it describes only the mechanisms for conducting an international transaction.

    I'd add that in 1995 this was perhaps not obvious, even if today it's laughably so. However, there is most definitely prior art.

    --
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