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JPMorgan Files Patent Application On 'Bitcoin Killer'

Velcroman1 writes "Banking giant JPMorgan Chase has filed a patent application for an electronic commerce system that sounds remarkably like Bitcoin — but never mentions the controversial, Internet-only currency. The patent application was filed in early August but made publicly available only at the end of November; it describes a 'method and system for processing Internet payments using the electronic funds transfer network.' The system would allow people to pay bills anonymously over the Internet through an electronic transfer of funds — just like Bitcoin. It would allow for micropayments without processing fees — just like bitcoin. And it could kill off wire transfers through companies like Western Union — just like Bitcoin. There are 18,126 words in the patent application. 'Bitcoin' is not one of them."

46 of 292 comments (clear)

  1. Maybe the Patent Office will notice by eclectus · · Score: 5, Funny

    Maybe the patent office will notice a bit of prior art? One can hope, right?

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    1. Re:Maybe the Patent Office will notice by tgetzoya · · Score: 2, Informative

      The US moved to a first to file system recently: https://en.wikipedia.org/wiki/First_to_file_and_first_to_invent#The_USA.27s_change_to_first-inventor-to-file_.28FITF.29 So this might get approved regardless.

    2. Re:Maybe the Patent Office will notice by the+eric+conspiracy · · Score: 5, Informative

      No, first to file doesn't affect the issue of publicly disclosed prior art.

      First to file only sets the priority of the application.

    3. Re:Maybe the Patent Office will notice by Connie_Lingus · · Score: 2

      yeah maybe you won't.

      --
      never bring a twinkie to a food fight.
    4. Re:Maybe the Patent Office will notice by SuricouRaven · · Score: 4, Insightful

      Possible, but there's another explanation: Many companies just throw as many patents at the office as they can, including ones with no merit to them at all. The worst that can happen is rejection, for which there is no penalty at all, and even the most obviously junk patent has some shot of getting through. It may not stand up in court, but it can still be used to pad a portfolio.

    5. Re:Maybe the Patent Office will notice by omnichad · · Score: 4, Informative

      First to file still considers prior art.

    6. Re:Maybe the Patent Office will notice by Cryacin · · Score: 4, Funny

      But think of the levels of trust! SURELY, you would trust a treasured name in industry, over a rag tag bunch of pirates who choose to remain anonymous, right? Anyone would trust these guys with their money.

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      Science advances one funeral at a time- Max Planck
    7. Re:Maybe the Patent Office will notice by Albanach · · Score: 2

      Maybe the patent office will notice a bit of prior art? One can hope, right?

      Or we could hope that you can't patent ideas, only implementations, and the summary is big on telling us why the ideas are similar, but scant on whether they share an implementation.

      If someone invents a steam engine, it shouldn't mean someone else can't create a different steam engine that does the same thing in a different way. Similarly, just because bitcoin allows micro payments and electronic funds transfers doesn't mean no-one else can invent something that also achieves this.

      I'm all for the patent office identifying prior art, but the summary is wanting when it comes to actually showing any.

    8. Re:Maybe the Patent Office will notice by roc97007 · · Score: 2

      > And who wants to eat in a crowd of nerds.

      Not even other nerds.

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      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    9. Re:Maybe the Patent Office will notice by icebike · · Score: 5, Informative

      Yes, but I'm thinking more of USPTO process in this case. The patent can still be granted unless someone files a petition citing prior art. After that it may be invalidated based on Bitcoin existing, but my point it that it's still possible that the bank can receive this patent.

      Except that it is almost exactly unlike bitcoin. Because it deals in real bank account and real money. Money you can spend anywhere.

      The novel part is the fees-free micropayments, which will allow you to use things on the web without being flooded with ads for things
      you don't want. Payments as low as factional pennies. Its a frangible currency.

      However, SCOTUS is currently reviewing this whole field of "do something via computer" and get a patent, and the whole business practices thing is as likely to be tossed out or more tightly limited in the aftermath.
      Coin is coin. And doing it by computer is not that new. Micro-payments are not that new. They were simply too expensive to deal with in the past.

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      Sig Battery depleted. Reverting to safe mode.
    10. Re: Maybe the Patent Office will notice by MightyMartian · · Score: 2

      Yeah, because no one cough...Rambus...cough would ever think of trolling standards group discussions to patent ideas that come out of them.

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      The world's burning. Moped Jesus spotted on I50. Details at 11.
    11. Re:Maybe the Patent Office will notice by Eunuchswear · · Score: 5, Insightful

      The whole article is shit.

      Patents don't protect what you want to do, they protect how you do it.

      The article claims that JP Morgan have invented a system that does some of the same things that Bitcoin does, it gives no evidence that it does those things in the same way.

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    12. Re:Maybe the Patent Office will notice by Sir_Sri · · Score: 3, Insightful

      By suing any company that accepts it in transactions as being in breach of their patent. The same way Newegg just got patent trolled by a company claiming a patent on (part of) public key cryptography. Oh you were using an implementation of our patent? You're going to get sued.

    13. Re:Maybe the Patent Office will notice by the+eric+conspiracy · · Score: 4, Informative

      Applying for a patent is a negotiation process in which you throw out a bunch of claims looking to get the best deal you can. You start with Claim 1 being a claim on the sidereal universe and all it contains and work your way down to more specific stuff. Depending on the skill of those writing the patent you will get more or less of the invention you actually wanted.

      As you can see in the application they have already dropped the first 154 claims in the original application.

      Looking at the application it seems to me what is most interesting is the last claim.

      That is:

      A computer-implemented method of providing an anonymous payment from a mobile device to a payee device to enable an electronic payment between a payer and a payee without provision of an account number or name from the payer

      So its a mobile anonymous untraceable payment, something that BTC doesn't address but something a lot of smartphone users would probably like.

      Micropayments are discussed in the specification but aren't mentioned in the claims so are just some bullshit to make the examiner think this is cool new stuff or something.

      Not really what the story is talking about, but that's not surprising since Slashdot is pretty weak on anything to do with patents.

    14. Re:Maybe the Patent Office will notice by meerling · · Score: 2

      ianal, on the other hand, I've seen discussions on the change to the file first system, and they (actual patent lawyers) state explicitly that filing first in no way circumvents or invalidates prior art. So no, if their patent is basically bitcoin without mentioning bitcoin as prior art, they are up the creek without a paddle as soon as either someone fights it, or someone at the patent office pulls their head out of their ass.
      So look at it this way, just because nobody has patented fire or throwing rocks, you can't either, it's already known and you did NOT invent it.

    15. Re:Maybe the Patent Office will notice by Theaetetus · · Score: 5, Interesting

      It doesn't matter. If the people behind Bitcoin never bothered to file for a patent, JP Morgan is now going to get it first--meaning Bitcoin will then be in violation of said patent (as unfair as that is).

      That's not how first-to-file works. If the people behind Bitcoin kept Bitcoin secret, never published anything, never used it publicly, etc., and then (i) JP Morgan filed a patent application on it, and (ii) subsequently the people behind Bitcoin filed a patent application on it, then JP Morgan would win and get the patent - because, given two applications by two different inventors on the same invention, the first-to-file wins (hence the name). This is as opposed to the first-to-invent system, where in the above scenario, Bitcoin would win if they could show lab notebooks and internal documents showing that they actually invented it prior to JP Morgan and were working on reducing it to practice the whole time. Those proceedings were called interferences, and they occurred, on average, about 20 times a year. Out of half a million applications. That's literally all the change to "first to file" means, and those .004% applications are all that were affected. It has nothing to do with what's prior art or whether Bitcoin, which predates JP Morgan's application, can infringe any patent granted from it - and no, it can't. Not unless they change their implementation to incorporate something new that's in the JP Morgan application. If they freeze the implementation here, they can't possibly ever infringe.

    16. Re:Maybe the Patent Office will notice by darkmeridian · · Score: 3, Informative

      That's not what first-to-file means. Even if Bitcoin is never patented, the Patent Office can still (and should) reject the JP Morgan application based on the Bitcoin prior art. First-to-file means that if JP Morgan files first, the Bitcoin people cannot obtain priority over JP Morgan, as JP Morgan filed first despite inventing second.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    17. Re:Maybe the Patent Office will notice by greensoap · · Score: 2

      Bitcoin is not going to be deemed prior art regardless. This thing is claiming priority through a series of applications back to 1999.

    18. Re:Maybe the Patent Office will notice by mysidia · · Score: 2

      Even if Bitcoin is never patented, the Patent Office can still (and should) reject the JP Morgan application based on the Bitcoin prior art.

      Ah, but the patent filing date is in 1999. Apparently, the patent hasn't been issued yet, probably because claims the long running application make were overly broad,and the application hadn't fully gone through the system yet, but they are amending the patent claims on an existing application to cover Bitcoin.

      The patent will probably be issued with a 1999 filing date, which means that for any prior art to invalidate the patent, it will need to have been before that date, not the date of the last amendment to the application.

      Eureka! Interesting hack.... they turn out with a patent covering Bitcoin; or whatever new technology gets invented after their application 10 years later, that they can adjust the claims before patent issuance, to more effectively cover.

      Strategic non-completion of the patent issuance process

    19. Re:Maybe the Patent Office will notice by mysidia · · Score: 2

      Bitcoin is not going to be deemed prior art regardless. This thing is claiming priority through a series of applications back to 1999.

      We need a law, that any patent application not approved within 3 years of the original application date, can no longer be amended; add, or drop claims, and if not issued within 4 years, will be deemed abandoned.

    20. Re:Maybe the Patent Office will notice by mysidia · · Score: 2

      Really? They're going to sue a protocol?

      For BTC to ever become mainstream; there will have to be point of sale equipment, and E-commerce players using it.

      They can just sue point of sale equipment manufacturers, retailers, etc, dealing in Bitcoin.

    21. Re:Maybe the Patent Office will notice by DrPBacon · · Score: 3, Funny

      I'd trust Natalie Portman with my money.

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      Spent All My Mod Points
  2. Being able to do the same things is irrelevant by Anonymous Coward · · Score: 5, Insightful

    Just because this proposed currency is capable of doing many of the things that Bitcoin does, doesn't mean it copies Bitcoin.

    Point out the technical components that copy Bitcoin, not the capabilities.

    1. Re:Being able to do the same things is irrelevant by Nemesisghost · · Score: 2

      I'm trying to figure out when Fox News became a reliable news source. I was under the impression you only went to Fox News when you wanted to hear/see Right Wingers babbling like idiots, just the same for MSNBC for the Left.

    2. Re:Being able to do the same things is irrelevant by Agent+ME · · Score: 5, Informative

      Yeah, I'm skimming the patent, and I don't see how this is like Bitcoin. It's not a decentralized currency. It's just a different interface for using existing bank accounts they control. It's only anonymous to the users. The whole system runs on trusted servers they control and can see what's happening on.

      The stuff that made Bitcoin revolutionary isn't that it works over the internet, or has receive-only addresses. The revolutionary part was that it was decentralized. It didn't rely on any trusted or privileged groups or servers. All nodes that people run are equal. There is no central minting group who can secretly mint more or change the minting rules. The currency itself is limited. This proposal does not involve any of that.

    3. Re:Being able to do the same things is irrelevant by Falconhell · · Score: 4, Insightful

      You don't have a left, you have far out loopy extreme right, (Fox news) and hard right (MSNBC).

  3. Has nothing to do with bitcoin. by Anonymous Coward · · Score: 5, Insightful

    The patent is a near-exact description of how paypal works.

  4. Like bitcoin? by Anonymous Coward · · Score: 2, Informative

    BitCoin is not anonymous, and it does have fees. How is it just like BitCoin?

  5. For the billionth time by Ultra64 · · Score: 3, Informative

    >The system would allow people to pay bills anonymously over the Internet through an electronic transfer of funds â" just like Bitcoin.

    Bitcoin is not anonymous. There is a very clear, public trail linking your wallet to your purchases.

    1. Re:For the billionth time by fuzzyfuzzyfungus · · Score: 2

      >The system would allow people to pay bills anonymously over the Internet through an electronic transfer of funds â" just like Bitcoin.

      Bitcoin is not anonymous. There is a very clear, public trail linking your wallet to your purchases.

      Yes; but (unlike, say, credit cards) anybody can magic a wallet into existence with a dash of math, at any time, so connections between people and wallets are established only by inferences made possible by various forms of sloppiness in handling. Odds are that many wallets are robustly identified with users; but only on the basis of techniques unrelated to bitcoin proper.

  6. BitCoin not first by ZombieBraintrust · · Score: 2

    BitCoin is not the first electronic payment system. No reason for patent to metion BitCoin unless it JPMorgan is going to have people mining for Morgon bucks.

  7. Something is wrong with the entire system by Overzeetop · · Score: 4, Insightful

    Something is wrong with the entire system when a financial company is awarded a patent.

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    Is it just my observation, or are there way too many stupid people in the world?
  8. Trolling by Sarten-X · · Score: 5, Informative

    Troll summary for a troll article.

    The patent has nothing to do with Bitcoin. It's a payment processing system that's set up so it can use anonymized IDs rather than actual account numbers.

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    You do not have a moral or legal right to do absolutely anything you want.
    1. Re:Trolling by blackraven14250 · · Score: 2

      I should patent "A Method for Ensuring Submission Acceptance on Slashdot", with the claims being "Create false association between news article and Bitcoin" and "Ensure Bitcoin is featured prominently in submission title".

    2. Re:Trolling by Lehk228 · · Score: 2

      which is exactly the same as the throwaway credit card numbers offered by many institution. the patent system is really just a circular human centipede eating it's own shit.

      --
      Snowden and Manning are heroes.
  9. Just like BitCoin? by Bogtha · · Score: 4, Informative

    The system would allow people to pay bills anonymously over the Internet through an electronic transfer of funds â" just like Bitcoin.

    Bitcoin isn't anonymous.

    It would allow for micropayments without processing fees â" just like bit coin.

    Processing fees are common with Bitcoin.

    And it could kill off wire transfers through companies like Western Union â" just like Bitcoin.

    Wire transfers are largely an oddity of the USA. Most of the rest of the world doesn't use wire transfers anyway.

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    Bogtha Bogtha Bogtha
  10. If you patent prior art, I feel bad for you son. by gandhi_2 · · Score: 5, Funny

    It's got 18 thousand word, but a 'bit' ain't one.

  11. This isn't bitcoin, or a cryptocurrency by earlzdotnet · · Score: 4, Informative

    Yea, the reason they don't mention bitcoin is because this is nothing like bitcoin. This isn't a cryptocurrency. This assumes that behind the scenes a bank is tied to your account to push/pull funds from. This incorporates some of the things bitcoin is good at, but it does it all in a completely different manner. If you'd take a look at the patent application, you'd know this is in no way close to bitcoin

  12. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  13. Re:Bitcoin is crap by nurb432 · · Score: 2

    Sounds like the stock market, and that seems to be taken seriously.

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    ---- Booth was a patriot ----
  14. NOTHING like Bitcoin by harvestsun · · Score: 5, Insightful

    The point of Bitcoin is that it's decentralized. There's no single entity that keeps track of what money is where. Every person who uses Bitcoin has a record of every transaction (in the form of the blockchain), and is involved in the process of verifying transactions (in the form of bitcoin mining). Although the security is still being debated, in theory, you would need to control half the computing power of the Bitcoin network in order to break the security.

    In contrast, this patent seems to be talking about a system that uses your same old credit card account. Which is not surprising; how would a BANK use a DECENTRALIZED currency system with its customers?

    So basically, this is a meaningless article written by some idiot at Fox News who wanted to make a headline that would stand out. Which I suppose worked, since it made it past the impeccable Slashdot editing process.

  15. This predates Bitcoin by Animats · · Score: 5, Informative

    The original application on which this is based is dated May 3, 1999. So this predates Bitcoin. Only prior art earlier than the priority date is relevant.

    The life of the patent counts from the priority date, so this patent, if issued, will run out in 2019. The USPTO doesn't consider this patent to contain patentable subject matter; they've issued a 101 Non Final Rejection. (You have to look up the patent application in USPTO Public PAIR to see this. Public PAIR has the status info for all patents as they go through examination, and images of all the actual documents. All the letters and forms back and forth between the applicant and the USPTO are in there. PAIR is kind of slow, and there's a CAPTCHA to prevent it from being scraped in bulk, so the data in PAIR isn't indexed by search engines.)

  16. Re:In 2013, by viperidaenz · · Score: 2

    Except they didn't because the two systems are completely different. Someone read the title of a patent without reading any content and jumped to conclusions. Welcome to the Internet.

  17. Not via the methods you suggest... by Theaetetus · · Score: 4, Informative

    From the USPTO PAIR database, "By this preliminary Amendment, claims 1-154 have been canceled..."

    154 claims canceled?!? Typical patents have around 21 claims. USPTO charges per-claim over 21 total claims. JP Morgan's application had 170 claims — way beyond even a 3-sigma deviation for all patent applications. That is, it's amateurish. But, somehow they managed to avoid paying the $80/each for the excess claims.

    It's actually pretty standard in many instances - i.e. there's nothing amateurish about it. Specifically, if someone comes up with a half dozen related-but-different inventions, it may be more efficient to write one giant application than a half dozen applications that repeat parts of each other. That one giant application may then have [drumroll] 170 claims. And when you file it, you actually file one and cancel claims 21-170 in a preliminary amendment on the filing date, "somehow managing to avoid paying the excess claims fees". And then later (or at the same time), you file a divisional application and cancel claims 1-20 and claims 41-170. And another canceling claims 1-40 and 61-170. Etc.

    Let me guess... in spite of your description of this standard practice as "amateurish", you're not a professional in the field?

    So, anyways, from the USPTO PAIR database — JP Morgan are claiming that their filing is under pre-AIA conditions. That is, that they are first to invent, and are not subject to the current first to file rules. Big difference. The inventor filed an "oath" regarding the invention date. Uh huh.

    Well, yeah. This was first filed in 1999, long before the first to file rules. Of course it's subject to the first to invent rules. 1999 vs. 2013? Big difference. Uh huh.

    USPTO also says, "Claims 155-175 are allowed over the prior art of record based on the earliest priority of the parent applications." I couldn't find the priority date that they are claiming, or whether it is before their filing date, but one might guess they are trying to get a pre-BitCoin patent priority date. Jerks.

    You apparently couldn't find paragraph 1 of the application:

    [0001] This application is a continuation of U.S. Ser. No. 09/497,307 filed Feb. 3, 2000 and is based on and claims priority to U.S. Provisional Patent Applications Nos. 60/132,305, filed May 3, 1999; 60/150,725, filed Aug. 25, 1999; 60/161,300, filed Oct. 26, 1999; 60/163,828, filed Nov. 5, 1999; and 60/173,044, filed Dec. 23, 1999, the entire disclosures of which are hereby incorporated by reference.

    Gosh, being really clear about the priority dates? What a bunch of jerks.

    If only someone knew of some actual prior art, and that this person also knew the name and contact information for the patent examiner. Hmmn...

    Ah, here we are: From their non-final rejection, "Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAGDISH PATEL whose telephone number is (571) 272-6748." I'm sure he has an email address as well.

    Yeah, go ahead and call the Examiner, in spite of the fact that it's explicitly illegal without a letter of authorization from the patent applicant:

    [T]he Office prohibits third parties from submitting any protests under 37 CFR 1.291 or initiating any public use proceedings under 37 CFR 1.292 (without the express written consent of the applicant) after publication of an application... Office personnel (including the Patent Examining Corps) are instructed to: (1) not reply to any third-party inquiry or other submission in a published pending application; (2) not act upon any third-party inquiry or other submission in a published application, except for written submissions that are provided for in 37 CFR 1.99 and written submissions in applications in which the applicant has provided an expres

  18. Re:Have some time to help nuke JP Morgan on this? by Dachannien · · Score: 2

    A preliminary amendment filed on the filing date along with the application can avoid excess claims fees. In other words, they filed a continuation that included claims 1-154 (because a continuation is supposed to have all the same stuff that the parent has, and this ensures that there is written description support for the parent's original claims in the child case), but then they amended the claims on the same day to cancel those claims and only present claims 155-175 (21 claims). So they owed us $80 for one excess dependent claim, which they paid.

    Also, there are ways to submit third party prior art submissions into an application. You would have until 5/28/2014 (six months after publication) to submit such prior art. There's even a fee exemption if you file only one such submission and it has three or fewer documents listed. This is a much better idea than trying to contact the examiner directly, since they are forbidden from discussing the application with an unauthorized party.

  19. Re:Invent their own currency? by LynnwoodRooster · · Score: 2

    Why bother with digital currencies like Bitcoin when you have the Fed at your beck and call?

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