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by derefr
3226 days ago
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They're saying that, unlike usual patents, the content of the one-click patent filing does not serve as a useful basis for anyone else's implementation of a one-click shopping cart. This is the whole point of patents: to publicize a trade-secret process in exchange for protection. If your patent can't be used by your competitors to (make it easier to) start doing the thing you're doing, then you didn't really file a patent. The one-click patent has an implementation, but the implementation is so trivial that there are only two things you can do with it: either copy it wholesale, or write your own based on the same idea (which will have nothing in common with the original because they're both too small to "share DNA" like that.) In this case, you can't copy wholesale, because copyright. So you're stuck writing from scratch. At that point, the patent has given you no advantage in implementation over the simple knowledge that a process for doing X exists at all. |
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Many patents don't reward the first person who solves a given problem, so much as they reward the first person to encounter a given problem. That person adopts a trivial, obvious solution and the USPTO cheerfully rubber-stamps it at everyone else's expense. This was clearly one of those patents. It cost Amazon essentially nothing to research, nothing to develop, and nothing to implement, but the rewards were immense.