Amazon's 1-Click Patent Under Reexamination

Hello Inventors:

I recently read an article regarding the reexamination of the 1-Click business method patent held by Amazon.

Regular readers of this blog will quickly recognize that I am a proponent of reexamination. I believe reexamination is a cost effective alternative to patent litigation as I suggested in a previous blog. It also lets society question the validity of a patent without the threat of being sued. For the attorneys out there, there is no standing issue. A reexamination may be declared upon a showing that there is "a substantial question of patentability." Essentially, a party requests reexamination of an issued patent and provides documents in support of the request.

Reexaminations come in two basic forms:

• Exparte - or between the USPTO and the Applicant; and
• Interpartes - or the requestor is more active in the re-exam.

One interesting feature about reexaminations is that the Applicant must provide the requestor with a copy of each submission to the USPTO. This includes updated information disclosure statements (IDS). The article mentions that even Norm quotes from cheers were submitted in an IDS. I wonder if they submitted my personal favorite, "It's a dog eat dog world out there and I'm wearing Milkbone underwear." Probably not.

Speaking of the duty (not to mention the common courtesy between attorneys) to provide references to the opposing party, in the 1-Click instance it appears that this was not being done. I'm sure this was not done intentionally, right Amazon?

You can track the progress of the case by monitoring the requestor's blog.

More information about reexaminations may be found by visiting our patent law firm's web page, www.BiotechBeachLaw.com.

Keep inventing!

Raymond