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Amazon Gift Ordering Patent Revoked In EU
Elektroschock writes "The Amazon gift ordering patent was revoked by the European Patent Office. In a press release they write: 'The so-called 'Gift Order Patent' has been revoked by the EPO in an opposition proceeding today after a hearing involving three opposing parties and the patent proprietor, Amazon Inc. The patent relates to a method for purchasing goods over the Internet to be sent as gifts.' Santa did not have to lodge opposition against the patent. The opponents were Fleurop, the FFII and the German computer science society. What strikes me is that so many parties were infringing upon the patent, and yet you need very few organizations to file an opposition. Why are not more patents opposed?"
The answers to the question are fairly straightforward:
1. The US doesn't have an 'opposition' system, where you can make your claims before a court to oppose the patent. All you can do is (first pay some money) give your evidence to the USPTO, and then go away and hope the applicant can't explain their way around it. Therefore, only European patents can be opposed.
2. A European patent can only be opposed in this fashion within 9 months of it being granted.
3. Other reasons as given above: if I win, it benefits everybody, but if I lose, it costs me greatly. My competition now has a proven good patent, and they know I don't like it. I'll be the first to be sued.
Despite all this, about 1 in 20 EP granted patents are opposed. The US has an opposition system planned as part of the Patent Reform Act of 2007, but it's currently held up before the Senate.