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US Patent Office To Re-Examine Blackboard Patent

Posted by kdawson on from the no-chalk-for-you dept.

Mr_5tein writes "Groklaw is reporting that the US Patent and Trademark Office has just ordered a re-examination of the e-learning patent owned by Blackboard Inc, thanks to a filing by the Software Freedom Law Center. SFLC's press release states, 'The Patent Office found that prior art cited in SFLC's request raises "a substantial new question of patentability" regarding all 44 claims of Blackboard's patent...' The SFLC explains that though such re-examinations may take a couple of years to complete, approximately '70% of re-examinations are successful in having a patent narrowed or completely revoked.'"

5 of 115 comments (clear)

  1. its nice, but... by gravesb · · Score: 4, Insightful

    Its good that there are agencies out there that look for bad patents and bring them to the gov't's attention, but it would be much better if the patent clerks did a better job screening the patents, or these challenges came during the comment period.

    --
    http://bgcommonsense.blogspot.com
    1. Re:its nice, but... by Anonymous Coward · · Score: 3, Insightful

      If patent service worked as designed those patents shouldn't have been granted in a first place.

  2. "But its on the Internet" patents by popo · · Score: 5, Insightful

    For years, the patent office was granting patents based upon adding the words "Internet based" to what was otherwise an unoriginal idea.

    Education? Not new.
    "But its on the Internet". Hey! That's new!

    There are still literally thousands of patents floating around that were based on this mindless logic, and it still happens today.
    Just last week, Microsoft patented a "digital means of recording one's life history". One might call it a diary -- or a time capsule,
    but no this was something new. Why? Because its ...wait for it.... "digital".

    Sigh.

    --
    ------ The best brain training is now totally free : )
    1. Re:"But its on the Internet" patents by noidentity · · Score: 3, Insightful

      A handwritten diary is also digital (unless the handwriting is really bad).

  3. Re:Blackboard patent? by dickens · · Score: 3, Insightful

    I'm starting my fourth semester of blackboard classes, and while it sure is nice not to have to trek to a classroom miles away to go to night school, the software really is pathetic. I can only imagine what cool things could be done with it if there was a motivation to innovate.

    Oh, wait, that's why there is a patent system isn't it? This is going to be an object lesson in how much better the software (or its competitors) gets real quickly once stupid, overly-broad software patents get overturned.