USPTO Reaffirms 1-Click Claims 'Old And Obvious'
theodp writes "After USPTO Examiner Mark A. Fadok rejected Amazon CEO Jeff Bezos' 1-Click Patent claims as 'old and obvious,' Amazon canceled and refiled its 1-Click claims in a continuation application as it requested an Oral Appeal, a move that smacked of a good old-fashioned stalling tactic. But the move may have backfired, as Fadok has just completed his review of the continuation app and concluded that all of the refiled 1-Click claims should be rejected, providing explanations of why the Board of Patent Appeals was wrong to reverse his earlier decision after listening to Amazon's lawyers in September. In October, USPTO Examiner Matthew C. Graham rejected most of the 1-Click claims as part of the reexam requested by LOTR actor Peter Calveley, a decision that attorneys for Amazon are currently trying to work around with some creative wordsmithing. Can't see how all of this means 'less work for the overworked Patent and Trademark Office.'"
Hurray!
:(
Is Amazon really this clueless, or are they just not in control of their lawyers? Are the lawyers just going after whatever they think is billable?
And does Amazon *really* think that what makes their site so appealing has *NOTHING* to do with 1-Click?
I really hate it when morons get rich; it just encourages the rest of them.
Why is a company capable of such awesome technical inginuity (Amazon Web Services) getting hung up on something so utterly ridiculous? This just smacks of leadership that is a cut below the calibre of its employees.
...the USPTO has implemented this new one-click patent denial system, but due to a software bug, it only grants patents at this time. The workaround involves a few manual steps; click on the "Help" link for more information.
It must have been something you assimilated. . . .
Well, I've had to write code that hits AWS, and I'm not *that* impressed with it. It's a set of Web Services. The documentation isn't particularly good, and the interfaces aren't particularly good. It's decently usable.
But I also fail to see how this is "utterly ridiculous" as a patent. (Here we go again.) The relevant criterion is "non-obviousness". When Bezos told his programmers to implement "one-click", their first implementation took two clicks: buy, then confirm. So he told them to go do it again. It's gotten a little better since 1999, but at that time, that was the thinking of programmers: you have to confirm everything.
(Look at the GNOME trash can, even today, for example: it asks you to confirm emptying it, even though the whole point of the trash can itself *is* the confirmation step. Yes, it's confirming my confirmation.)
Of course, anybody who's read any user interaction books by Alan Cooper knows that confirmation dialogs are stupid, and don't (in general) work. Users build the habit that "operation + confirm" *is* the operation, so the one time in a dozen they don't want to do it, they do anyway, out of habit. This is why Undo was invented -- which is what One-Click allows, in fact. But in 1999, most people still hadn't really understood why Undo was better than Confirm (and many people still don't), and they sure hadn't figured it out with respect to online shopping.
Finally, if Amazon's programmers are so smart, and if one-click is so obvious, then why did Amazon's own programmers have trouble understanding that something called "one-click" is supposed to take
"Theories have four stages of acceptance: i) this is worthless nonsense; ii) this is an interesting, but perverse, point of view; iii) this is true, but quite unimportant; iv) I always said so." -- J.B.S. Haldane, 1963
19 out of 69 claims were originally rejected, not the entire one click patent. So much of the patent is still considered original and non-obvious.
This is one reason you haven't received a dime of my money. Hasn't hurt me a bit, because EVERYTHING you sell can be acquired from other places, and from what I've seen, often at better prices.
I say, if you do not succeed with 1-click try for double-click and try and make more $$$.
NT
69 claims for one lick?
Given the importance that Amazon places upon this particular patent, how many times can Amazon keep going back to the USPTO to get their patent reviewed? At some point, is the patent just ruled invalid, or can they keep this in limbo forever?
The higher the technology, the sharper that two-edged sword.
If a company has a patent rejected and it even seems abusive to the system, they'll risk a penalty of not being able to get *any* patent through for some time period. Just so this idiocity is actually *felt* by the company so clearly abusing the system and trying to sneak things in. It would be a nail in the coffin for companies that are pretty much founded with this idea as their business model! It doesn't have to be much, but enough so it's felt and companies need to think things through before taking risks with overly stupid patents.
Beware: In C++, your friends can see your privates!
Do the math with me, will you? Let's say I want to buy the OpenGL Programming Guide. My local bookstore has it for 60 euro (http://www.selexyz.nl/pages/detail_v2/S1/10030001940805-2-10090000000010.aspx?showbreadcrumb=1, or I can order from Amazon for $50 (http://www.amazon.com/OpenGL-Programming-Guide-Official-Learning/dp/0321481003/ref=pd_bbs_sr_1?ie=UTF8&s=books&qid=1198653310&sr=8-1). That's only 35 euro, or almost half what I pay at the local bookstore. Shipping cost is a bit harder to determine, but for me to travel by bike + train + fairly long walk to the above-mentioned bookstore will also cost me 11 euro, plus 3-4 hours. And these price differences are fairly normal for this type of book.
How about pockets, then? I can buy a single Harry Potter book in english for 17 euro, or in dutch for 20 euro (http://www.selexyz.nl/pages/search_v2/S2/SEARCHRESULTPRODUCTS.aspx). Or I can go to Amazon and buy six Harry Potter books for $34 (http://www.amazon.com/Harry-Potter-Paperback-Box-Books/dp/0439887453/ref=pd_bbs_sr_2?ie=UTF8&s=books&qid=1198653687&sr=1-2). That's 24 euro - almost the price of a single book locally!
I'd love to support my local bookstore, but they *really* have to do better than this to compete. For years we were told that because of the strong dollar, import books were simply expensive. Now that the dollar is weak they don't use the excuse anymore, but we still pay through the nose for books.
Well if they are geting less done they are obliously doing less work.
Claims 1-48 were dropped in the continuation application and claims 49-68 were just rejected.