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.'"

Comments

Not all claims were rejected

[MushMouth]

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.

Re:another win for the lawyers

[dieth]

Ok guys, I hate the myminicity-com guy too. This is made by a french company called Motion Twin. You can email them at contact@motion-twin.com . This idiots myminicity is called fohootville. Diluge this address, maybe even their http://support.motion-twin.com/ website. With requests that this asshole be tarred/featered, burned at the stake, shot X number of times, where X is the number of posts he's made. And to request the cancellation of his account. I'll probably be trying to troll this message under each of his posts sorry for that :(

Re:This makes no fscking sense..

[dabraun]

But I must offer one small correction, the US is not a democracy -- it's a "democratic republic", a form of representative government which incorporates some features of a democracy.

Actually, the US is a "constitutional republic" - we have a constitution which defines hard boundaries, we have representatives (who represent the public - i.e. republic). Most if not all subregions hold democratic elections to elect their representatives. This is not actually required in the original constitution (later ammendments define who can vote very widely, certainly this was not the case when this country was founded.)

Re:This makes no fscking sense..

[clang_jangle]

Yes, and I really am a bit tired of delivering it. But so long as there are so many who believe they live in a democracy it still needs to be said.

Support the local economy?

[johannesg]

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.

Re:Makes sense to me

[BBandCMKRNL]

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. Just because something has never been done on the internet before, doesn't make it "non-obvious".

One of my grandfather's brothers was a dairy farmer. He could call the feed store and say, "This is John Brown. I need x tons of feed tomorrow." The feed would show up the next day and the cost was added to his account which he paid on a periodic basis.

This is the non-internet version of 'one-click' ordering. It is "utterly ridiculous" to grant a patent for the Amazon "one-click" ordering.