eBay to pay nearly $30million for patent "infringement"
- Thread starter conjur
- Start date
BeauJangles
Lifer
- Aug 26, 2001
- 13,941
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$30 million is nothing... but id like to see how they get around the buy it now idea that guy supposedly came up with.
The one-click process to buy it now to end an auction.
The patent office needs some SERIOUS house cleaning!
The patent office needs some SERIOUS house cleaning!
Hrmm...I want to patent purchase it now....
What exactly did he patent? I thought "buy it now" was a general thing?
What exactly did he patent? I thought "buy it now" was a general thing?
"Buy It Now"
He patented a shortcut through auctions allowing a seller to be able to say "You can buy for X dollars before someone starts bidding, then the auction starts..."
Seems weird that someone is able to patent that concept, but whatever.
I know the granddaughter of the guy that invented putting wheels onto suitcases. Too bad it was during the depression and not one company wanted to invest in another idea and the patent expired before the idea started being used. In case you guys don't belive that its possible, I've seen the patent.
official notice to the world-
I'm putting in a patent application for "buy it next Tuesday" and striped candy.
I'm putting in a patent application for "buy it next Tuesday" and striped candy.
I have two patents, and you're right that the system needs some fixing, but I'm not sure what do you know about patents, and what do you think is wrong with the present system.
FWIW, patents are mandated in the Constitution, and at its best, they are really necessary to protect the rights of creative inventors. Two good examples are the guy who invented the delayed action windshield wiper, who recovered from every auto maker after years of fighting, and Jack Kilby, one of the inventors of the integrated circuit, who won against many Japanese IC houses who ignored him for years.
Without patent protection, well financed companies could always rip off a small, creative inventor. Unfortunately, it still goes on, but at least the law, itself, is on the side of those who come up with the good ideas.
Heh...these were the guys who were ready to close down in 1900 because they felt that nothing new could be invented.
I just know, er, rather, am of the opinion, that a system that allows a patent of this sort, or the one involved in a lawsuit against American Airlines (among others) for "notification of arrival" is just plain ridiculous.
A friend of mine has an idea for a modification to a woman's garment that would be unique and marketable but after looking thru some sites on how to file a patent...good gawd!! I think it would be easier to build a time machine!
what people also probably don't know is the patent application was filed way back in 1995. So even though, "Buy it Now" is so commonly known now, it was a novel idea 8 years ago before Ebay really took off. Back in 1995, the idea of virtual markets was ingenious although now it seems like anyone could do it.
"At the heart of the case is patent paperwork Woolston filed less than five months before eBay founder Pierre Omidyar spent Labor Day weekend of 1995 creating the first iteration of his auction site. Today, eBay is one of the most successful online businesses, with nearly $750 million in revenue last year and continued profitability. " (found here)
I find it kind of funny in a world where people complain about the big enterprises beating up the little guys, the little guy won in this case and people are criticizing the fact he won for such a 'petty' patent. Is it his fault he came up with online auctioning before Ebay?
For people complaining about the system, you'll have to complain to Thomas Jefferson seeing how he became the first Patent Examiner and the foundation of patent law is write in the Constitution.
You can't patent an idea. You have to have a workable object (or at least plans of one) of some sort. Therefore, since the guy has a patent, I would guess that ebay stole his code or something, although I'm pretty fuzzy on why that wouldn't be a copyright violation instead.
ebay did say the "change would be invisible to users."
ebay did say the "change would be invisible to users."
The Stigenator
Lifer
- Oct 9, 1999
- 15,216
- 3
- 81
There was a time when you can patent something that had a blue print.. yes there were patents for non working telephones on paper but frankly patents have always been something solid, not an idea of something..
The patent house needs revisal. My dad and uncle both have patents. They are expensive to maintain for one, maybe this is why the guy is trying to make some money off ebay. However I think its not fair of the patent office to patent an idea.. that means I should be able to patent my thoughts.. and then if someone produces something like it I can sue them.. however I did not do the actual workings..
Like I had once thoguht of doign something for the auto industry for safety. However novel it was, it sounded good, years later some company comes out with that idea. Now had i patented it I would have to put my plans into action, but if they didnt work it was no use. There was atime when you patent ideas (blue prints) of working devices, but patenting a thought process (despite how much ever you put it in a flow chart) is ridiculous.
The patent house needs revisal. My dad and uncle both have patents. They are expensive to maintain for one, maybe this is why the guy is trying to make some money off ebay. However I think its not fair of the patent office to patent an idea.. that means I should be able to patent my thoughts.. and then if someone produces something like it I can sue them.. however I did not do the actual workings..
Like I had once thoguht of doign something for the auto industry for safety. However novel it was, it sounded good, years later some company comes out with that idea. Now had i patented it I would have to put my plans into action, but if they didnt work it was no use. There was atime when you patent ideas (blue prints) of working devices, but patenting a thought process (despite how much ever you put it in a flow chart) is ridiculous.
I dont know how many of you guys know how difficult it is to get a patent, it is expensive and time consuming. The patent laws seem cumbersome and sometimes are but it costs a bundle just to make searches. Do you have any idea what it costs to have a patent draftsman do a drawing that will satisify the requirements? You guys that just say well I am going to patent this or that, pay someine to do a search and then a advanced search which is required and see if you change your mind.
Bleep
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