Archive of UserLand's first discussion group, started October 5, 1998.

Re: Spawn of the Devil?

Author:Phillip Birmingham
Posted:7/25/2000; 2:37:43 PM
Topic:Spawn of the Devil?
Msg #:19063 (In response to 19054)
Prev/Next:19062 / 19064

I'm assuming you're not referring to a case such as checkbooks, where a checkbook already exists physically and then you implement the exact same thing in software, which would be a very obvious thing to do... as you know a requirement for having a patent upheld is that it is nonobvious.

Yes, but the requirement is not being enforced by the USPTO. Otherwise, Amazon would never have been able to patent the equivalent of "I'll take this -- put it on my tab." There's nothing novel about the idea, and the implementation is obvious to anyone skilled in developing web applications.

Your point about litigation leads us down the slope of allowing government agencies to shift their responsibilities to the courts, causing the expenses of thorough examinations to be shifted to those who wish to do business in this market.

Not good. Not good at all.

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