Slashdot Mirror

← Back to Stories (view on slashdot.org)

Amazon Gift Ordering Patent Revoked In EU

Posted by Zonk on from the merriest-gift-of-all dept.

Elektroschock writes "The Amazon gift ordering patent was revoked by the European Patent Office. In a press release they write: 'The so-called 'Gift Order Patent' has been revoked by the EPO in an opposition proceeding today after a hearing involving three opposing parties and the patent proprietor, Amazon Inc. The patent relates to a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?"

5 of 62 comments (clear)

  1. Why? by pjt33 · · Score: 5, Insightful

    I think it's fairly obvious why so few patents are challenged. It requires an investment of time and money which isn't worth it if you can fly under the radar. And even when you do choose to make that investment there's never any guarantee that the decision will go your way.

    1. Re:Why? by webmaster404 · · Score: 4, Insightful

      Why are these even considered as possible patents anyways is the real question. How is this helping innovation either? For example, you can patent a T.V., however now you can patent "a device where viewers view audio and video at the same time from broadcasts over the air" and then the exact same patent with over the air replaced with Satellite/Cable. The first can help innovation because you can make an alternative device to a T.V. with the same function, like a T.V. only using an LCD screen rather then a CRT.

      --
      There is no "disagree" moderation, and troll, flamebait and overrated are not valid substitutes
  2. Everyone, Someone, Anyone, and Noone by User+956 · · Score: 4, Insightful

    What strikes me is that so many parties were infringing upon the patent, and yet you need very few organisations to file an opposition. Why are not more patents opposed?

    Well, Everyone is sure that Someone will do it. Anyone could have done it, but Noone did it in the end. Someone was angry because it's Everyone's job. Everyone thought that Anyone could have done it, but Noone realized that Noone will end up doing it. In the end, Everyone was angry at Someone because Noone did what Anyone could've done.

    --
    The theory of relativity doesn't work right in Arkansas.
  3. Re:Somebody obviously didn't get their cut. by Spad · · Score: 4, Insightful

    The problem is that the EPO still grants software and business method patents even though they aren't allowed and aren't currently enforceable, presumably for the cash. This means that if the (primarily US-based) business interests ever do manage to sneak Software Patents past the EU Parliament, all the previously granted patents would come into effect.

  4. Simple answer... by IPCanuck · · Score: 4, Informative

    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.