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Amazon 1-Click Patent Survives Almost Unscathed

timothy posted more than 4 years ago | from the can-this-just-be-a-bad-dream? dept.

Businesses 117

Zordak writes "Amazon's infamous '1-click' patent has been in reexamination at the USPTO for almost four years. Patently-O now reports that 'the USPTO confirmed the patentability of original claims 6-10 and amended claims 1-5 and 11-26. The approved-of amendment adds the seeming trivial limitation that the one-click system operates as part of a 'shopping cart model.' Thus, to infringe the new version of the patent, an eCommerce retailer must use a shopping cart model (presumably non-1-click) alongside of the 1-click version. Because most retail eCommerce sites still use the shopping cart model, the added limitation appears to have no practical impact on the patent scope.'" Also covered at TechFlash.

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117 comments

Patent (-1, Troll)

Anonymous Coward | more than 4 years ago | (#31430360)

Can I patent a cock in your mouth?

Re:Patent (4, Funny)

alexborges (313924) | more than 4 years ago | (#31430384)

With this PTO, you probably can.

Re:Patent (2, Funny)

Pojut (1027544) | more than 4 years ago | (#31430394)

Okay, conspiracy theorists. If we are in the "Brave New World", where the fuck is my free drugs and obligatory orgies?

College ;-)

Re:Patent (1)

alexborges (313924) | more than 4 years ago | (#31430434)

Nonsense! Drugs are NOT free in college and orgies are SELDOM obligatory.

I want my money back.

STEPS IN OVERCOMING MASTURBATION (-1, Offtopic)

Anonymous Coward | more than 4 years ago | (#31430690)

Be assured that you can be cured of your difficulty. Many have been, both male and female, and you can be also if you determine that it must be so.

This determination is the first step. That is where we begin. You must decide that you will end this practice, and when you make that decision, the problem will be greatly reduced at once.

But it must be more than a hope or a wish, more than knowing that it is good for you. It must be actually a DECISION. If you truly make up your mind that you will be cured, then you will have the strength to resist any tendencies which you may have and any temptations which may come to you.

After you have made this decision, then observe the following specific guidelines:

A Guide to Self-Control:

1. Never touch the intimate parts of your body except during normal toilet processes.

2. Avoid being alone as much as possible. Find good company and stay in this good company.

3. If you are associated with other persons having this same problem, YOU MUST BREAK OFF THEIR FRIENDSHIP. Never associate with other people having the same weakness. Don't suppose that two of you will quit together, you never will. You must get away from people of that kind. Just to be in their presence will keep your problem foremost in your mind. The problem must be taken OUT OF YOUR MIND for that is where it really exists. Your mind must be on other and more wholesome things.

4. When you bathe, do not admire yourself in a mirror. Never stay in the bath more than five or six minutes -- just long enough to bathe and dry and dress AND THEN GET OUT OF THE BATHROOM into a room where you will have some member of your family present.

5. When in bed, if that is where you have your problem for the most part, dress yourself for the night so securely that you cannot easily touch your vital parts, and so that it would be difficult and time consuming for you to remove those clothes. By the time you started to remove protective clothing you would have sufficiently controlled your thinking that the temptation would leave you.

6. If the temptation seems overpowering while you are in bed, GET OUT OF BED AND GO INTO THE KITCHEN AND FIX YOURSELF A SNACK, even if it is in the middle of the night, and even if you are not hungry, and despite your fears of gaining weight. The purpose behind this suggestion is that you GET YOUR MIND ON SOMETHING ELSE. You are the subject of your thoughts, so to speak.

7. Never read pornographic material. Never read about your problem. Keep it out of mind. Remember -- "First a thought, then an act."

The thought pattern must be changed. You must not allow this problem to remain in your mind. When you accomplish that, you soon will be free of the act.

8. Put wholesome thoughts into your mind at all times. Read good books -- Church books -- Scriptures -- Sermons of the Brethern [sic, Cistern too?]. Make a daily habit of reading at least one chapter of Scripture, preferably from one of the four Gospels in the New Testament, or the Book of Mormon. The four Gospels -- Matthew, Mark, Luke and John -- above anything else in the Bible can be helpful because of their uplifting qualities.

9. Pray. But when you pray, don't pray about this problem, for that will tend to keep [it] in your mind more than ever. Pray for faith, pray for understanding of the Scriptures, pray for the Missionaries, the General Authorities, your friends, your families, BUT KEEP THE PROBLEM OUT OF YOUR MIND BY NOT MENTIONING IT EVER -- NOT IN CONVERSATION WITH OTHERS, NOT IN YOUR PRAYERS. KEEP IT _OUT_ of your mind! The attitude of a person toward his problem has an affect on how easy it is to overcome. It is essential that a firm commitment be made to control the habit. As a person understands his reasons for the behavior, and is sensitive to the conditions or situations that may trigger a desire for the act, he develops the power to control it.

As one meets with his Priesthood Leader, a program for overcoming masturbation can be implemented using some of these suggestions. Remember it is essential that a regular report program be agreed on, so progress can be recognized and failures understood and eliminated.

Suggestions:

1. Pray daily, ask for the gifts of the Spirit, that which will strengthen you against temptation. Pray fervently and out loud when the temptations are the strongest.

2. Follow a program of vigorous daily exercise. The exercises reduce emotional tension and depression and are absolutely basic to the solution of this problem. Double your physical activity when you feel stress increasing.

3. When the temptation to masturbate is strong, yell STOP to those thoughts as loudly as you can in your mind and then recite a prechosen Scripture or sing an inspirational hymn. It is important to turn your thoughts away from the selfish need to indulge.

4. Set goals of abstinence, begin with a day, then a week, month, year and finally commit to never doing it again. Until you commit yourself to never again you will always be open to temptation.

5. Change in behavior and attitude is most easily achieved through a changed self-image. Spend time every day imagining yourself strong and in control, easily overcoming tempting situations.

6. Begin to work daily on a self-improvement program. Relate this plan to improving your Church service, to improving your relationships with your family, God and others. Strive to enhance your strengths and talents.

7. Be outgoing and friendly. Force yourself to be with others and learn to enjoy working and talking to them. Use principles of developing friendships found in books such as How to Win Friends and Influence People by Dale Carnegie.

8. Be aware of situations that depress you or that cause you to feel lonely, bored, frustrated or discouraged. These emotional states can trigger the desire to masturbate as a way of escape. Plan in advance to counter these low periods through various activities, such as reading a book, visiting a friend, doing something athletic, etc.

9. Make a pocket calendar for a month on a small card. Carry it with you, but show it to no one. If you have a lapse of self control, color the day black. Your goal will be to have no black days. The calendar becomes a strong visual reminder of self control and should be looked at when you are tempted to add another black day. Keep your calendar up until you have at least three clear months.

10. A careful study will indicate you have had the problem at certain times and under certain conditions. Try and recall, in detail, what your particular times and conditions were. Now that you understand how it happens, plan to break the pattern through counter activities.

11. In the field of psychotherapy there is a very effective technique called aversion therapy. When we associate or think of something very distasteful with something which has been pleasurable, but undesirable, the distasteful thought and feeling will begin to cancel out that which was pleasurable. If you associate something very distasteful with your loss of self-control it will help you to stop the act. For example, if you are tempted to masturbate, think of having to bathe in a tub of worms, and eat several of them as you do the act.

12. During your toileting and shower activities leave the bathroom door or shower curtain partly open, to discourage being alone in total privacy. Take cool brief showers.

13. Arise immediately in the mornings. Do not lie in bed awake, no matter what time of day it is. Get up and do something. Start each day with an enthusiastic activity.

14. Keep your bladder empty. Refrain from drinking large amounts of fluids before retiring.

15. Reduce the amount of spices and condiments in your food. Eat as lightly as possible at night.

16. Wear pajamas that are difficult to open, yet loose and not binding.

17. Avoid people, situations, pictures or reading materials that might create sexual excitement.

18. It is sometimes helpful to have a physical object to use in overcoming this problem. A Book of Mormon, firmly held in hand, even in bed at night has proven helpful in extreme cases.

19. In very severe cases it may be necessary to tie a hand to the bed frame with a tie in order that the habit of masturbating in a semi-sleep condition can be broken. This can also be accomplished by wearing several layers of clothing which would be difficult to remove while half asleep.

20. Set up a reward system for your successes. It does not have to be a big reward. A quarter in a receptacle each time you overcome or reach a goal. Spend it on something which delights you and will be a continuing reminder of your progress.

21. Do not let yourself return to any past habit or attitude patterns which were part of your problem. Satan Never Gives Up. Be calmly and confidently on guard. Keep a positive mental attitude. You can win this fight! The joy and strength you will feel when you do will give your whole life a radiant and spiritual glow of satisfaction and fulfillment.

Re:STEPS IN OVERCOMING MASTURBATION (0)

Anonymous Coward | more than 4 years ago | (#31431202)

A quarter in a receptacle each time you overcome...

What should you do if you under-cum?

My DEAR god (5, Insightful)

alexborges (313924) | more than 4 years ago | (#31430370)

And here I thought I being mangnanimous with the PTO people and giving them the benefit of the doubt was the sound and decent thing to do.

Not any more.

They are stupid idiots.

Now who's gonna patent the wonderful idea that is 2 Click ?

Re:My DEAR god (2, Insightful)

WrongSizeGlass (838941) | more than 4 years ago | (#31430460)

* Click 1: Buy Now!
* Click 2: Are You Sure?

There's some pre-existing art so no one tries.

Re:My DEAR god (5, Funny)

Anonymous Coward | more than 4 years ago | (#31430636)

Has anyone done the half-click grab, the mouseover purchase, or the "drag-and-drop into the Buy Hole"?

Re:My DEAR god (2, Insightful)

HungryHobo (1314109) | more than 4 years ago | (#31430868)

Sometimes I hear about these patents and upon further reading there's actually some substance to them and the short description turns out to be unfair.
So I ask slashdot- does this patent have any real substance with anything that's genuinely innovative?

Re:My DEAR god (0)

Anonymous Coward | more than 4 years ago | (#31431642)

Sometimes I hear about these patents and upon further reading of slashdot comments there's actually some substance to them and the short description turns out to be unfair.
So I ask slashdot- does this patent have any real substance with anything that's genuinely innovative?

/. is as /. does

Re:My DEAR god (4, Funny)

mitchell_pgh (536538) | more than 4 years ago | (#31431980)

MITCHELL_PGH LLC PATENTS HALF CLICK

WASHINGTON, DC—mitchell_pgh LLC has filed a 1.8 billion dollar class action lawsuit against Amazon, Apple, Microsoft, Yahoo, and Google. "They are in clear violation of our half click patent. In fact, they violate our patent TWICE with every purchase!" said mitchell_pgh's director of operations Edward Smelt. "We are working closely with the USPTO to announce our 'press click' patent, 'mouse movement' patent, and 'depress click' patent as we speak." Smelt was unwilling to discuss mitchell_pgh LLC's ongoing "no click" patent.

Re:My DEAR god (2, Funny)

dgatwood (11270) | more than 4 years ago | (#31430688)

I'm actually thinking I should patent no-click. It's the iPod "shuffle" feature applied to an online store. When you visit the site, it chooses a random product, purchases it, and ships it to you. Take that, Amazon! I'd like to see you design a store that requires fewer clicks than that!

Prior art, sorry (3, Funny)

Weaselmancer (533834) | more than 4 years ago | (#31430808)

Those CD of the Month clubs are prior art.

Although you did do the clever thing and add "with a computer", so it'll probably fly.

Re:My DEAR god (1)

Platinumrat (1166135) | more than 4 years ago | (#31431432)

* Click 1: Buy Now! * Click 2: Are You Sure? There's some pre-existing art so no one tries.

* Click 3: ????

* Click 4: Profit!

Re:My DEAR god (1)

MrKaos (858439) | more than 4 years ago | (#31431678)

* Click 1: On small click for a man

* Click 2: One great kick in the balls for any integrity the PTO had left

Re:My DEAR god (2, Insightful)

Mindcontrolled (1388007) | more than 4 years ago | (#31430680)

I seriously don't get the USPTO. I work in the patent law field in Europe. When I have to deal with the European Patent Office, I basically know what to expect and can prepare applications accordingly. Software, in particular, is basically a no-go. I only occasionally deal with the USPTO, and I yet have to see a concept behind their decisions. Folks, please get a sane PTO and a sane patent law. Would make my work significantly easier.

Your official guide to the Jigaboo presidency (-1, Troll)

Anonymous Coward | more than 4 years ago | (#31430398)

Congratulations on your purchase of a brand new nigger! If handled properly, your apeman will give years of valuable, if reluctant, service.

INSTALLING YOUR NIGGER.
You should install your nigger differently according to whether you have purchased the field or house model. Field niggers work best in a serial configuration, i.e. chained together. Chain your nigger to another nigger immediately after unpacking it, and don't even think about taking that chain off, ever. Many niggers start singing as soon as you put a chain on them. This habit can usually be thrashed out of them if nipped in the bud. House niggers work best as standalone units, but should be hobbled or hamstrung to prevent attempts at escape. At this stage, your nigger can also be given a name. Most owners use the same names over and over, since niggers become confused by too much data. Rufus, Rastus, Remus, Toby, Carslisle, Carlton, Hey-You!-Yes-you!, Yeller, Blackstar, and Sambo are all effective names for your new buck nigger. If your nigger is a ho, it should be called Latrelle, L'Tanya, or Jemima. Some owners call their nigger hoes Latrine for a joke. Pearl, Blossom, and Ivory are also righteous names for nigger hoes. These names go straight over your nigger's head, by the way.

CONFIGURING YOUR NIGGER
Owing to a design error, your nigger comes equipped with a tongue and vocal chords. Most niggers can master only a few basic human phrases with this apparatus - "muh dick" being the most popular. However, others make barking, yelping, yapping noises and appear to be in some pain, so you should probably call a vet and have him remove your nigger's tongue. Once de-tongued your nigger will be a lot happier - at least, you won't hear it complaining anywhere near as much. Niggers have nothing interesting to say, anyway. Many owners also castrate their niggers for health reasons (yours, mine, and that of women, not the nigger's). This is strongly recommended, and frankly, it's a mystery why this is not done on the boat

HOUSING YOUR NIGGER.
Your nigger can be accommodated in cages with stout iron bars. Make sure, however, that the bars are wide enough to push pieces of nigger food through. The rule of thumb is, four niggers per square yard of cage. So a fifteen foot by thirty foot nigger cage can accommodate two hundred niggers. You can site a nigger cage anywhere, even on soft ground. Don't worry about your nigger fashioning makeshift shovels out of odd pieces of wood and digging an escape tunnel under the bars of the cage. Niggers never invented the shovel before and they're not about to now. In any case, your nigger is certainly too lazy to attempt escape. As long as the free food holds out, your nigger is living better than it did in Africa, so it will stay put. Buck niggers and hoe niggers can be safely accommodated in the same cage, as bucks never attempt sex with black hoes.

FEEDING YOUR NIGGER.
Your Nigger likes fried chicken, corn bread, and watermelon. You should therefore give it none of these things because its lazy ass almost certainly doesn't deserve it. Instead, feed it on porridge with salt, and creek water. Your nigger will supplement its diet with whatever it finds in the fields, other niggers, etc. Experienced nigger owners sometimes push watermelon slices through the bars of the nigger cage at the end of the day as a treat, but only if all niggers have worked well and nothing has been stolen that day. Mike of the Old Ranch Plantation reports that this last one is a killer, since all niggers steal something almost every single day of their lives. He reports he doesn't have to spend much on free watermelon for his niggers as a result. You should never allow your nigger meal breaks while at work, since if it stops work for more than ten minutes it will need to be retrained. You would be surprised how long it takes to teach a nigger to pick cotton. You really would. Coffee beans? Don't ask. You have no idea.

MAKING YOUR NIGGER WORK.
Niggers are very, very averse to work of any kind. The nigger's most prominent anatomical feature, after all, its oversized buttocks, which have evolved to make it more comfortable for your nigger to sit around all day doing nothing for its entire life. Niggers are often good runners, too, to enable them to sprint quickly in the opposite direction if they see work heading their way. The solution to this is to *dupe* your nigger into working. After installation, encourage it towards the cotton field with blows of a wooden club, fence post, baseball bat, etc., and then tell it that all that cotton belongs to a white man, who won't be back until tomorrow. Your nigger will then frantically compete with the other field niggers to steal as much of that cotton as it can before the white man returns. At the end of the day, return your nigger to its cage and laugh at its stupidity, then repeat the same trick every day indefinitely. Your nigger comes equipped with the standard nigger IQ of 75 and a memory to match, so it will forget this trick overnight. Niggers can start work at around 5am. You should then return to bed and come back at around 10am. Your niggers can then work through until around 10pm or whenever the light fades.

ENTERTAINING YOUR NIGGER.
Your nigger enjoys play, like most animals, so you should play with it regularly. A happy smiling nigger works best. Games niggers enjoy include: 1) A good thrashing: every few days, take your nigger's pants down, hang it up by its heels, and have some of your other niggers thrash it with a club or whip. Your nigger will signal its intense enjoyment by shrieking and sobbing. 2) Lynch the nigger: niggers are cheap and there are millions more where yours came from. So every now and then, push the boat out a bit and lynch a nigger.

Lynchings are best done with a rope over the branch of a tree, and niggers just love to be lynched. It makes them feel special. Make your other niggers watch. They'll be so grateful, they'll work harder for a day or two (and then you can lynch another one). 3) Nigger dragging: Tie your nigger by one wrist to the tow bar on the back of suitable vehicle, then drive away at approximately 50mph. Your nigger's shrieks of enjoyment will be heard for miles. It will shriek until it falls apart. To prolong the fun for the nigger, do *NOT* drag him by his feet, as his head comes off too soon. This is painless for the nigger, but spoils the fun. Always wear a seatbelt and never exceed the speed limit. 4) Playing on the PNL: a variation on (2), except you can lynch your nigger out in the fields, thus saving work time. Niggers enjoy this game best if the PNL is operated by a man in a tall white hood. 5) Hunt the nigger: a variation of Hunt the Slipper, but played outdoors, with Dobermans. WARNING: do not let your Dobermans bite a nigger, as they are highly toxic.

DISPOSAL OF DEAD NIGGERS.
Niggers die on average at around 40, which some might say is 40 years too late, but there you go. Most people prefer their niggers dead, in fact. When yours dies, report the license number of the car that did the drive-by shooting of your nigger. The police will collect the nigger and dispose of it for you.

COMMON PROBLEMS WITH NIGGERS - MY NIGGER IS VERY AGGRESIVE
Have it put down, for god's sake. Who needs an uppity nigger? What are we, short of niggers or something?

MY NIGGER KEEPS RAPING WHITE WOMEN
They all do this. Shorten your nigger's chain so it can't reach any white women, and arm heavily any white women who might go near it.

WILL MY NIGGER ATTACK ME?
Not unless it outnumbers you 20 to 1, and even then, it's not likely. If niggers successfully overthrew their owners, they'd have to sort out their own food. This is probably why nigger uprisings were nonexistent (until some fool gave them rights).

MY NIGGER BITCHES ABOUT ITS "RIGHTS" AND "RACISM".
Yeah, well, it would. Tell it to shut the fuck up.

MY NIGGER'S HIDE IS A FUNNY COLOR. - WHAT IS THE CORRECT SHADE FOR A NIGGER?
A nigger's skin is actually more or less transparent. That brown color you can see is the shit your nigger is full of. This is why some models of nigger are sold as "The Shitskin".

MY NIGGER ACTS LIKE A NIGGER, BUT IS WHITE.
What you have there is a "wigger". Rough crowd. WOW!

IS THAT LIKE AN ALBINO? ARE THEY RARE?
They're as common as dog shit and about as valuable. In fact, one of them was President between 1992 and 2000. Put your wigger in a cage with a few hundred genuine niggers and you'll soon find it stops acting like a nigger. However, leave it in the cage and let the niggers dispose of it. The best thing for any wigger is a dose of TNB.

MY NIGGER SMELLS REALLY BAD
And you were expecting what?

SHOULD I STORE MY DEAD NIGGER?
When you came in here, did you see a sign that said "Dead nigger storage"? .That's because there ain't no goddamn sign.

US copyright... (0, Flamebait)

Manip (656104) | more than 4 years ago | (#31430426)

Which is all the more reason why the world as a whole should say "no" to the US's copyright laws and rules.

Software Patents in particular have crippled software development in such a way that if any corporation wants you gone then you are just gone. There is little defence even if their claims are totally without merit.

Re:US copyright... (0)

Anonymous Coward | more than 4 years ago | (#31430524)

Which is all the more reason why the world as a whole should say "no" to the US's copyright laws and rules.

Don't confuse copyright and patent law. Very different beasts.

Re:US copyright... (2, Insightful)

headkase (533448) | more than 4 years ago | (#31430560)

From an outside perspective to the US it appears that anything a corporation wants done the government will bend over and give to them. Citzens however? Second-class to the corporates. The root of the issue from my opinion is that money has becomed valued over what is right. Right is such a subjective term, much easier just to value money.

Re:US copyright... (3, Informative)

greensoap (566467) | more than 4 years ago | (#31430564)

The 1-click patent has nothing to do with U.S. Copyright Laws. Although I am sure that you can find any number of people that hate both equally, especially on /.

Re:US copyright... (1)

Twinbee (767046) | more than 4 years ago | (#31430748)

No, not software patents, but rather ridiculously simple patents that a 5 year-old could think of.

Re:US copyright... (1)

WrongSizeGlass (838941) | more than 4 years ago | (#31431942)

No, not software patents, but rather ridiculously simple patents that a 5 year-old could think of.

Are you suggesting we employe 5 year-olds in the USPTO to decide if an idea or concept is patentable? If a 5 year-old thinks it's obvious then the application gets declined? Hmmm ... I think that may just work. Anyone know how to skirt the child labor laws in D.C.?

Re:US copyright... (3, Funny)

Kalriath (849904) | more than 4 years ago | (#31433458)

Anyone know how to skirt the child labor laws in D.C.?

Don't pay them, and call it Work Experience.

Re:US copyright... (2, Insightful)

shentino (1139071) | more than 4 years ago | (#31431012)

That's not unique to copyright.

It's part and parcel of being able to buy your way through a trial.

Non-obviousness. (3, Informative)

RightSaidFred99 (874576) | more than 4 years ago | (#31430486)

This is an incredibly obvious patent and not at all novel. Is the bar for non-obviousness now simply that nobody else has patented it yet? Bit of a..."circular" (to put it nicely) definition, no?

Re:Non-obviousness. (4, Informative)

Pojut (1027544) | more than 4 years ago | (#31430608)

Keep in mind that if an examiner is going to reject an application on the basis of obviousness, you can't just say "it's obvious". You have to come up with examples of why it is obvious [wikipedia.org]. The Supreme Court ruled [wikipedia.org] this is what needs to be looked at:

the scope and content of the prior art;
the level of ordinary skill in the art;
the differences between the claimed invention and the prior art; and
objective evidence of nonobviousness.

And in a secondary fashion:

commercial success;
long felt but unsolved needs; and
failure of others.

Re:Non-obviousness. (4, Insightful)

ChipMonk (711367) | more than 4 years ago | (#31430810)

1-Click fails on every point, but most of all on prior art. A single click to "perform action X now" has been around at least since Douglas Englebart gave the Mother Of All Demos in 1968. If nobody in the USPTO's review process could see that, then they all deserve to be demoted to janitors. (But I wouldn't hire them to clean my floors.)

Re:Non-obviousness. (1)

WrongSizeGlass (838941) | more than 4 years ago | (#31431990)

Wasn't Einstein a patent clerk? Obviously not in the US, and waaaaay before software was around. He seemed pretty smart.

Re:Non-obviousness. (1, Funny)

Anonymous Coward | more than 4 years ago | (#31432062)

In 1905, he published papers that founded Special Relativity, explained the photoelectric effect on the basis of a hypothesis of Max Planck's (which significantly helped the development of quantum physics), and explained Brownian Motion as direct observational evidence of the existence of molecules. The Swiss promoted him from Patent Technician, Third Class to Patent Technician, Second Class. Must be tough graders.

Re:Non-obviousness. (1)

jc42 (318812) | more than 4 years ago | (#31432940)

1-Click fails on every point, but most of all on prior art. A single click to "perform action X now" has been around at least since Douglas Englebart gave the Mother Of All Demos in 1968.

Yeah, I've sorta wondered about this since the "one click patent" thing became an issue. Amazon's patent is basically for using a single "click" to say "send me that thing". An obvious prior art for this is any web browser, since from the start they have all used a single click to mean "send me the thing this link points to". It's not obvious to me how Amazon's use is different, other than to send via a different protocol than HTTP. But sending physical goods via the mail system or other commercial delivery service is hardly a new idea.

So what is there in the patent that's not present earlier delivery system or in the earliest web browsers? The "one click" thing can't be part of it, because that was the primary request method in the first browsers.

Re:Non-obviousness. (3, Insightful)

AK Marc (707885) | more than 4 years ago | (#31431330)

1-Click simplifies purchases saying "I'll take this, only this, and bill me in the usual manner." Someone running into a store, shouting "put it on my tab" as they grab one item and run out has existed for thousands of years. "Put it on my tab --- on a computer" is somehow new and novel. It's a business method, not a technology, so it shouldn't be patentable. It isn't even a software patent, as you aren't patenting code or such, but the general business plan, and an ancient one at that...

Re:Non-obviousness. (1)

Pojut (1027544) | more than 4 years ago | (#31431430)

Should have added this line to my original post:

I'm not saying Amazon should have been awarded this patent, I'm just saying that stating something is obvious isn't enough to deny a patent...you have to cite specific examples in prior art, cases, and law.

Re:Non-obviousness. (1)

AK Marc (707885) | more than 4 years ago | (#31432486)

It's so obvious and so much prior art exists that if you can't see it from just thinking about it, then there is some other problem.

One click is a means of using "security" (i.e. recognition of the person) to bill someone in the prearranged manner. That's been done for thousands of years. I could cite some examples, but I'll state that is obvious.

And the implementation is obvious. Earlier, there wasn't the level of volume, nor the appropriate security such that it was practical. Once practical, it was done. The first to make the next obvious step doesn't deserve protection for that incremental, non-novel and obvious "advance".

Personally, I'd require all "on a computer" patents create a "not on a computer" analogy, then prove that it is completely unlike anything that did that. There needs to be a higher standard for "on a computer" patents, and there seems to be a much much lower standard for them.

Re:Non-obviousness. (1)

c_forq (924234) | more than 4 years ago | (#31432660)

Obviously it must be extremely hard to do on a computer - every bar, shop, and lumberyard I got to uses computer systems and I can't put anything on my tab at any of them. There are some bars that will let me keep a tab, but they make me give them a credit card before they start it and make me close it before I leave.

Re:Non-obviousness. (5, Insightful)

Anonymous Coward | more than 4 years ago | (#31430682)

More to the point, this patent has been fully exposed to the light of day, prior art has been submitted, and it's clearly unpatentable on the face of it.

Yet the patent has been upheld.

What this proves is that the USPTO doesn't need to be reformed, it needs to be scrapped. There's little legitimate point in having it at all anymore. The people it supposedly should protect (the small inventors) are the very people crushed by it. They and the rest of us would be better off if it no longer existed at all.

Re:Non-obviousness. (1)

sixsixtysix (1110135) | more than 4 years ago | (#31433184)

What this proves is that the USPTO doesn't need to be reformed, it needs to be scrapped. There's little legitimate point in having it at all anymore. The people it supposedly should protect (the small inventors) are the very people crushed by it. They and the rest of us would be better off if it no longer existed at all.

^^ this

Re:Non-obviousness. (0)

Anonymous Coward | more than 4 years ago | (#31430754)

And yours, my friend, is an incredibly obvious post.

Re:Non-obviousness. (4, Funny)

moonbender (547943) | more than 4 years ago | (#31430780)

Well you've got to remember it's an old patent by now -- of course it's obvious at this point! But back then, we were all like "woah" and "how did they DO that?!!!" They deserve a lot of credit.

Re:Non-obviousness. (0)

Anonymous Coward | more than 4 years ago | (#31431622)

I always wondered more along the lines of, "Why did they do that?" Seriously, if you (or in my case, spouse) clicks on it (oh, I don't know, because you can't see the price until you add it to your cart and you goof on add to cart vs "one click buy now") and it comes from an Amazon partner, even though it won't be shipping for over a week, you can't cancel the order until you refuse it when it gets to your house (about 2 weeks after the 'click') and you file the paperwork with your cc to dispute the charges... /rant

Re:Non-obviousness. (0)

Anonymous Coward | more than 4 years ago | (#31432998)

Nope. It was obvious then. I guess we need to find a repository so we can simply write out every conceivable idea so it could be used as prior art since the USPTO is a complete waste of tax payer's money. Patents made sense centuries ago, but now we are held back by the very thing that was supposed to push us forward. Look around we are surrounded with baby step technology who's steps are inversely proportional to the assessed profit risk. No innovation here. Oh well, it isn't like Amazon will be around forever. I wonder what retailer lurks in today's shadow that will trump them. Hmmm...

Easy workaround (1)

srussia (884021) | more than 4 years ago | (#31430626)

If you are willing to alienate Mac users, just implement a right-click method.

Re:Easy workaround (1)

AndrewNeo (979708) | more than 4 years ago | (#31430980)

No worries, there's a workaround for the workaround! They can CTRL+Click.

Re:Easy workaround (2, Funny)

natehoy (1608657) | more than 4 years ago | (#31431040)

Then I shall trump them with a CTRL-right-click! :)

Re:Easy workaround (1)

fyngyrz (762201) | more than 4 years ago | (#31433826)

No need, we're already screwed when we need left+right clicks. Especially on trackpads. Luckily, plug in a reasonable mouse, everything works fine. It's only with an Apple cripple-mouse or a trackpad you get into trouble. First thing I do with a new Mac is throw the apple mouse in a drawer, second thing is ditch the chiclet keyboard for a scissor design... then they work the way they should have in the first place, great machines. Except for the laptops... can't conveniently replace those keyboards, and oh brother, do they ever suck hard. Macbook, Macbook pro, Macbook air... own 'em all, hate the keyboards on 'em all. Jobs obviously doesn't have to type for a living, nor his minions.

the Supreme Court may have something to say (4, Insightful)

ChipMonk (711367) | more than 4 years ago | (#31430704)

The USPTO may find itself the butt of many jokes if SCOTUS invalidates 99% of software patents in their Bilski ruling.

"Amazon 1-Click Patent Survives Almost Unscathed." Respect for the USPTO, not so much.

Re:the Supreme Court may have something to say (-1, Troll)

natehoy (1608657) | more than 4 years ago | (#31431068)

The USPTO may find itself the butt of many jokes if SCOTUS invalidates 99% of software patents in their Bilski ruling.

-1 unnecessary condition.

Fix 1:

The USPTO may find itself the butt of many jokes

-1 incorrect tense.

Fix 2:

The USPTO has found itself the butt of many jokes

Jobs saw it coming? (1)

Czurnabog (1197943) | more than 4 years ago | (#31430714)

This is probably just a complete coincidence, but a few months ago Apple removed the shopping cart system from iTunes, switching it to a "wish list" system with 1-click purchasing. Did they see this coming?

Re:Jobs saw it coming? (4, Informative)

Reverberant (303566) | more than 4 years ago | (#31430784)

Apple has been a 1-click licensee [cnet.com] for quite a while now.

who uses it? (2, Interesting)

AmazinglySmooth (1668735) | more than 4 years ago | (#31430736)

I do not like the idea that I can accidentally order something. 1-click is the dumbest invention ever.

Re:who uses it? (0)

Anonymous Coward | more than 4 years ago | (#31430800)

I use it, but I don't buy from Amazon often so I suppose I'm protected in that way.

Just don't browse like a spaz and you'll be fine....

Re:who uses it? (5, Informative)

natehoy (1608657) | more than 4 years ago | (#31430836)

My wife signed up for "Amazon Prime" and unbeknownst to her they turned it on as part of that process. She was looking at netbooks and wanted to add a few favorites to her shopping cart so she could compare them, and damn if the "Buy Now" button doesn't look a whole lot like the "Add To Cart" button.

Thankfully, when she called me in a panic after trying to cancel the order NOT ONE MINUTE AFTER PLACING IT and getting the "order is in process and cannot be canceled" message, we determined that the one she picked was pretty much the ideal netbook for her anyway. But we turned it off almost immediately thereafter (fortunately they allow you to turn it off, or I would literally stop shopping at Amazon's site for fear of accidentally buying things).

I cannot imagine for the life of me why anyone would want a single, large, shiny button (actually, no, two of them) on the information page that commit you to buying something the instant you click it. I'm sure there's a good reason (other than Amazon wanting to sell more stuff via accidental clicks), but I can't think of it.

Re:who uses it? (1)

AndrewNeo (979708) | more than 4 years ago | (#31431018)

I don't know how long ago you did that, but right now when I use 1-Click it says "You have 30 minutes to cancel or change your order."
Personally, I like having 1-Click while I have Prime, but definitely not if it's off (mostly because I want $25 to make it free shipping). I certainly agree it should NOT be on by default, though.

Re:who uses it? (1)

westlake (615356) | more than 4 years ago | (#31431424)

From the Amazon.site:

Changing an Amazon Fulfilled Order Before It Ships

Most orders you place on Amazon.com enter the shipping process very quickly so we can get your items to you as soon as possible. Orders already in the shipping process cannot be modified.

You can update your unshipped orders by visiting the Order section in Your Account and then clicking the Change button next to each item you wish to modify (billing address, shipping address, payment method, gift options, etc.).

To edit an order from the Order Summary in Your Account:


1. Click the Your Account link at the top of any Amazon.com page or visit it directly at www.amazon.com/your-account.
2. Visit the Order Summary for the order you wish to change. Note: Orders that have entered the shipping process cannot be modified.
3. Follow the on-screen instructions to update the desired information.
Reviewing and Changing Orders [amazon.com]

______

I was searching for Tom Clancy's HAWX on Amazon and scrolled down to the used section to check prices but misclicked and hit one click order. Now I can't cancel it because it won't show up in recent orders. What do I do now?

The payment did not clear yet.
Wait for the payment to clear and it will show up in your recent purchases where you can cancel the order.
I accidentally selected "one click order" on Amazon and now can't cancel? [yahoo.com] [Yahoo Answers]

Re:Appearance of one-click (0)

b4dc0d3r (1268512) | more than 4 years ago | (#31431442)

To most people, it appears to be one-click, but you're basically patenting the idea of fooling people into thinking you have one-click ordering.

I have always wondered about this "feature". I'm used to having all of my items in one shipment, one box. Then Amazon's fulfillment centers became - not sure how to describe it, but more of a "just in time" inventory system. So your orders can come from different warehouses. They asked if you wanted it all in one box, or ship as things become available, or cheapest shipping.

To me, that was far more innovative than "click", box ships, "click", box ships, "click", box ships.

In fact, based on your description "one-click" purchases simply queue up for a length of time and they decide how to ship the lot themselves. To me, this is less useful than any other way they do it, and gives Amazon the opportunity to get the most shipping fees out of you.

Re:who uses it? (0)

Anonymous Coward | more than 4 years ago | (#31432262)

Wow, so you are admitting to slashdot your wife is dumb and does not read. Congrats.

Re:who uses it? (2, Informative)

R.Mo_Robert (737913) | more than 4 years ago | (#31432542)

My wife signed up for "Amazon Prime" and unbeknownst to her they turned it on as part of that process. ... I cannot imagine for the life of me why anyone would want a single, large, shiny button (actually, no, two of them) on the information page that commit you to buying something the instant you click it. I'm sure there's a good reason (other than Amazon wanting to sell more stuff via accidental clicks), but I can't think of it.

I have the same problem on my Kindle, which essentially uses the one-click model as well (all you have to do is accidentally move the joystick to the right button--or, better yet, do it without realizing it because the screen is relatively slow at refreshing--and click down). It seems like a terrible idea to me, too, without even so much as an "Are you sure?" confirmation.

Luckily, the one time I accidentally bought a book, I e-mailed customer service, deleted the book (per their request, although we all know now they can do it themselves), and they refunded my money. (Then they charged me again, I called again, and they refunded me again. Don't know what that happened, but, if we ignore this second mixup, it was easy to get fixed.)

Re:who uses it? (1)

addaon (41825) | more than 4 years ago | (#31433432)

No. The Kindle does this exactly right (from a UI point of view –not talking about patent nonsense).

It's "one click" to purchase. When you've clicked, you're at the confirmation screen. From that screen, all standard navigation (back, home) works; but there's a single button on that screen. That button reads, and I paraphrase, "oops, I didn't mean to click that, un-buy."

This is awesome UI. Do NOT present a confirmation dialog for undoable actions; instead, make them easy to undo.

Re:who uses it? (0)

Anonymous Coward | more than 4 years ago | (#31432690)

My biggest/main beef with 1 click is that I often want to bill things to a card or account that is the best for that item or time period. I hate one click specifically because it doesn't let me change any of that without going in to a panel and going through even more steps than the regular checkout. I too hate the no confirmation. Accidentally tapping tab + enter or just enter might make you purchase something you don't want. Nothing I need like charging a $3,000 laptop to a card with $500 left on it.

Re:who uses it? (1)

thePowerOfGrayskull (905905) | more than 4 years ago | (#31430862)

So you wouldn't enable it for your account. I use it for certain types of purchases. I do admit it "feels" kind of weird - I typically like to confirm my list of purchases, etc before "checkout" -- but those times when I want to grab something off of the MP3 store it's awfully convenient.

bullshit legalese to save face (1)

unity100 (970058) | more than 4 years ago | (#31430766)

so, they cant come up and say 'we shouldnt have awarded such a blatantly absurd and obvious patent for such a basic action' outright, but are resorting to legalese to save face to invalidate the patent without admitting absurdity of whole u.s. patent system.

Re:bullshit legalese to save face (1)

Zordak (123132) | more than 4 years ago | (#31430850)

so, they cant come up and say 'we shouldnt have awarded such a blatantly absurd and obvious patent for such a basic action' outright, but are resorting to legalese to save face to invalidate the patent without admitting absurdity of whole u.s. patent system.

No. They re-examined the patent. Some of the claims were allowed to stand. Others had to be amended. The new claims are no more "legalese" than the old claims. There is no "saving face" going on here. The claims have been upheld in court and on appeal at least twice. The PTO doesn't care what you think of it.

Re:bullshit legalese to save face (0)

Anonymous Coward | more than 4 years ago | (#31430900)

listen here zordak

Re:bullshit legalese to save face (1)

Mindcontrolled (1388007) | more than 4 years ago | (#31430956)

A quick question from a European point of view - at what point can you challenge the validity of a patent in court in the US? And what kind of court would handle this? One thing about the German system I particularly like is the specialized Patent Court with its Technical Judges, which are required to have a degree in a technical or scientific field as well as their legal schooling. Here, you can appeal decisions of the patent office before that court, and in my experience, the rulings are generally very sensible.

Re:bullshit legalese to save face (1)

Zordak (123132) | more than 4 years ago | (#31431312)

If you want to challenge a patent in court, you basically have to either have already been sued, or been threatened to be sued. On the other hand, anybody can challenge a patent in the USPTO, if you can find prior art that raises a "substantial new question of patentability."

As for the courts, all patent cases are heard in federal (i.e., not state) district (i.e., local) courts, which are not specialized. All patent appeals are heard by the CAFC, which is specialized. The judges don't have to be patent attorneys, but the court specializes in patent law. Historically, even the Supreme Court has largely deferred to the CAFC on matters of patent law, but recently they've seem to have decided to take a more active role.

Re:bullshit legalese to save face (1)

wealthychef (584778) | more than 4 years ago | (#31432330)

Here, you can appeal decisions of the patent office before that court, and in my experience, the rulings are generally very sensible.

Sensible and the US legal system parted ways a while ago. I am totally bewildered by this ruling. @Zordak: Yes, duh, the court ruled that the patent is upheld. Only a lawyer would in effect claim "QED" based on that. How can we have respect for the rule of law when completely idiotic rulings like this pop out? Obviously something is wrong.

Re:bullshit legalese to save face (1)

freedom_india (780002) | more than 4 years ago | (#31433334)

U are asking for sensibility in US courts?
Ha, ha, ha, ha, ha
Let me first compose myself.
ha ha ha

Re:bullshit legalese to save face (0)

Anonymous Coward | more than 4 years ago | (#31430902)

Absurdity doesn't matter when you are killing the competition (definition: little guy who didn't cross license away his assets to us for worthless junk so he wouldn't get screwed by us) and that doesn't matter, now to demote those pesky Citizens and their wanting innovation bit... Screw them, we spend a lot of money on these laws and we're damn well gonna keep 'em.

They simply cannot invalidate a patent (1)

Newton IV (666922) | more than 4 years ago | (#31430934)

Invalidating a patent is asking a government bureaucrat to acknowledge that him or his fellow bureaucrat was wrong. This simply cannot happen very often, regardless of the merits of the patent in question.

well (-1, Troll)

Anonymous Coward | more than 4 years ago | (#31430964)

hahaha you muppets live in one fucked up country....

Barrier to Entry (2, Insightful)

headkase (533448) | more than 4 years ago | (#31430992)

How big of a barrier to entry are software patents to innovators? You and I come up with a great idea but to implement it requires three other patents (which we would argue two of them are obvious but have been granted anyway) - which large players conveniently hold and cross-license with each other because well, they can afford it. How twisted away from the original purpose of promoting innovation by individuals will US Patent law become? The Futurama vision of Momcorp springs to mind.

in that case, i'm going to patent the number '7' (1)

happyjack27 (1219574) | more than 4 years ago | (#31431034)

...as part of a sequence of numbers used to identify a desired object from a set of possible objects. my claim should have as much validity as theirs.

In other news... (4, Funny)

SeaCrazy (312000) | more than 4 years ago | (#31431054)

... the USPTO saves millions of dollars with their newly introduced 1-click patent approval process.

Re:In other news... (1)

rattaroaz (1491445) | more than 4 years ago | (#31432228)

... the USPTO saves millions of dollars with their newly introduced 1-click patent approval process.

... but spent all of the saved millions on patent licensing fees.

The next step (1)

blai (1380673) | more than 4 years ago | (#31431370)

"one click patent" will allow users to apply for patents with a single click.

This idea is patented.

1-click (0)

Anonymous Coward | more than 4 years ago | (#31431456)

This patent should be defeated by demonstrating prior art of an upsell - porn sites did this in 1998. Amazon is just calling it a 1-click purchase/sale instead of upsell; it's really the same thing, though, and is not unique to their store.

Re:1-click (1)

Alain Williams (2972) | more than 4 years ago | (#31431792)

This patent should be defeated by demonstrating prior art of an upsell - porn sites did this in 1998.

Please can you provide a reference to this — something that we can check with the wayback machine and then point the USPTO at it.

new patent (1)

Device666 (901563) | more than 4 years ago | (#31431826)

Amazon 1-Click Patent has now filed a 0 click patent. The idea behind it is that because of the 1 click patent they become so unpopular clients don't need to click at all. But rest assured, there is still the 1-wipe patent.

I'm warning you. (0)

Anonymous Coward | more than 4 years ago | (#31432306)

Stop being stupid or your nation will sink into a hole, into the ground.

This is not in our best interests, as we shall be dragged along screaming -- hopefully just till the hole edge.

So, get a grip of your government now -- I mean right now.

This is something on which you can't expect the help of foreigners, not even if you pay them.

Act now, demoronize your institutions or cry later (e.g. for people sent to unnecessary wars).

Obama is ok (kinda), but some things must be done by the citizens themselves.

It's all a confidence trick anyway (1)

dalesc (66212) | more than 4 years ago | (#31432692)

I've never been able to buy anything from Amazon with just one click. Have you counted them? WARNING: More than 1 click may be required unless you are already logged on and a bunch of other requirements are in order - which they probably aren't. Please allow 30 minutes to purchase.

WTF? (0)

Anonymous Coward | more than 4 years ago | (#31432958)

We're in the worst recession in 80 years. Millions of highly qualified people are begging for jobs. It's time to fire the whole fucking patent office. Every single one of them. And hire people vaguely competent.

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