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Amazon Patents Annotating Books, Digital Works

theodp writes "On Tuesday, the USPTO granted Amazon a patent on its Method and System for Providing Annotations of a Digital Work, which covers 'receiving an annotation of the digital work, storing the annotation, and providing the annotation to a user.' This includes annotations received in a graphical or handwriting format, as well as highlighting of text." I think I smell at least one example of prior art.

8 of 125 comments (clear)

  1. Okular Is Not the Best Example by eldavojohn · · Score: 4, Informative

    I think I smell at least one example of prior art.

    Ughhhh, Unknown Lamer, you're making defend an Amazon patent. The earliest timestamp I can find for Okular is August 27th, 2006 while the patent in question was filed a year and a half earlier on January 19th, 2005. I'm not saying that there is no prior art, I'm just saying I couldn't find any hard evidence of Okular being conceived prior to Amazon's patent. Now I have to go take a shower ...

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    My work here is dung.
    1. Re:Okular Is Not the Best Example by GameboyRMH · · Score: 4, Informative

      Yeah I would have mentioned the annotation features in Word, Excel and Adobe Reader.

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      "When information is power, privacy is freedom" - Jah-Wren Ryel
  2. Bogus summary by dtmos · · Score: 5, Informative

    . . . which covers 'receiving an annotation of the digital work, storing the annotation, and providing the annotation to a user.'

    No, it does not. It covers A PARTICULAR METHOD of 'receiving an annotation of the digital work, storing the annotation, and providing the annotation to a user.' Specifically,

    A computer-implemented method for providing an annotation of a digital work, comprising:
    --under control of instructions that are executed by one or more computing devices:
              --receiving multiple annotations from different authors for particular content in a digital work;
              --storing the annotations in association with the digital work;
              --providing a list of abbreviated versions of the annotations to a user desiring to access one or more of the annotations, wherein the list presents the annotations in an order determined by reference to a criterion;
              --receiving an authorization credential from a user desiring to access one or more of the annotations; and if the authorization credential is valid,
              --providing a full version of one or more of the annotations of the digital work to the user in context with regard to the digital work.

    The patent covers a method that includes all five of the listed elements (receiving, storing, providing, etc.). Your favorite method must include all five of these elements, and be published before the filing date (19 January 2005) to be classified as disqualifying prior art. Not include one (or more) of these elements? Then it's not disqualifying prior art. (I'm speaking in generalities here, and ignoring other independent claims, apparatus claims, and lots of special cases. See your attorney if it matters to you.)

    The Okular annotation method, while no doubt earlier and better in every way, seems not to include many of these elements, and so would not be disqualifying prior art.

    Can we become better educated on patents -- maybe just a little -- so that we can not panic every time somebody patents something? By that I mean, can we start quoting Claim 1 in the summary, instead of the abstract?

    I note in passing that the Patent Examiner reviewed (approximately; I counted by hand) 184 US patents and patent applications, 6 foreign patent documents, and 80 other references, looking for art, and that the examination process took more than seven years to complete. Whatever else one may say about this patent, it wasn't rubber-stamped.

    1. Re:Bogus summary by jabuzz · · Score: 4, Informative

      Sure but it should have failed the "obvious to someone skilled in the art" test.

    2. Re:Bogus summary by Theaetetus · · Score: 4, Interesting

      Sure but it should have failed the "obvious to someone skilled in the art" test.

      That's not the test, that's the conclusion. The test - whether something is obvious - is whether one or more prior art documents, publications, or products, alone or in combination, teach or suggest each and every element of the claimed invention. So, for example, if the claim recites "A+B+C+D" and you have one piece of prior art that teaches A+B, another that teaches C, and another that teaches D, then in combination, they teach everything in the claim, so the claim is obvious. If, on the other hand, no piece of prior art teaches D, then the claim is not obvious.

      This is necessary because it creates an objective test, limited to what was known to those of skill in the art at the time the patent application was filed, which is required for due process. A purely subjective test of an Examiner saying, "without any evidence, I have a gut feeling this is obvious" would be almost certainly be improperly based on hindsight.

  3. This Patent is About Receiving and Serving by eldavojohn · · Score: 4, Informative

    Yeah I would have mentioned the annotation features in Word, Excel and Adobe Reader.

    Hmmm, I wasn't aware that these products allowed you to connect to a centralized server for storing/receiving annotations as far back as 2005. Are you sure you're not confusing the functionality to store them on the documents themselves? The first line of the patent summary reads:

    Methods and systems for receiving and distributing annotations of a digital work include receiving an annotation of the digital work, storing the annotation, and providing the annotation to a user.

    Emphasis mine. I remember being able to save notes and annotations on documents in Word but if those are changed or updated or added to, they wouldn't get these changes until they got my new version of the document.

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    My work here is dung.
    1. Re:This Patent is About Receiving and Serving by JobyOne · · Score: 4, Interesting

      So sending and receiving a digital file (after all, that's what the annotations are, at the end of the day) from a server is non-obvious? You can't say "well, nobody ever sent and received *this particular type* of file before, so I'm inventing!"

      Fuck that. A file is a file, and syncing it with a server is syncing it with a server, regardless of the content of that file.

      I think Wikipedia could count as prior art. After all, it's nothing but a system for storing/receiving annotations to a digital work, and then distributing them to users depending on various criteria. Annotating text is annotating text, whether that text is hypertext or an ebook...FFS most ebook formats ARE hypertext in a stupid wrapper.

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      Porquoi?
  4. Re:So - You had a Newton? by Anonymous Coward · · Score: 5, Funny

    Now, see, this, ladies and gentlemen, is a textbook, museum-exhibit-quality example of a Standard-Issue Classic Model Apple Fanboy. Note the stark contrast between his call to consider the technology of the time when the Newton was released with his primitive, volcano-god-worshiping fervor with which he rushes to defend what he perceives to be a slight against his master. Observe the immediate, hostile defensive stance taken by the poster, a reaction typically reserved for personal verbal attacks, generally not for negative remarks, no matter how factual or innocuous, against shiny, overpriced gadgetry. And, as is frequently the case with this sort of person, the attempt to dismiss any further criticism (including evidence to the initial claim, in this case including the fact that nobody bought the Newton) by likening this device to something popular today, hoping to change the subject before things get less-than-perfect for the history of the Cupertino company.. Simply marvelous.

    Next up on our tour, an Amiga Persecution Complex sufferer and the closely-related N900 User...