USPTO Rejects 'Buy it Now' Patent

By the Betanews Staff | Published March 30, 2006, 12:00 PM

eBay disclosed Thursday that the U.S. Patent and Trademark Office had ruled in its favor earlier this week, upholding an earlier decision that a patent awarded to MercExchange was "obvious" and should have not been issued. The two sides are currently facing off in the U.S. Supreme Court over eBay's use of the "Buy it Now" feature.

A District Court had found that the service infringed on patents owned by MercExchange. However, instead of issuing an injunction, the court awarded the company a monetary judgment. An appeals court later ruled an injunction was warranted. The rejected patent is central to the Supreme Court case, and eBay said its contents were referred to repeatedly during arguments Wendesday. While MercExhchange is permitted to respond, the auction site said it was unlikely any new arguments would change the USPTO's view.

Comments

Good to know the USPTO can admit when it's wrong once in a while... although they seem to be doing that a bit more often lately.

WAIT! IDEA!

I demand a recall, recount, and a formal inquiry by an independent review board to validate all patents made since July 4, 1776! *grin*

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I'll volunteer!

um...this will only take a few days, right?

*grin*

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Try 1793...

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I'm gonna patent "This Way Up" and "Handle With Care"... oh and maybe "Do Not Bend" :-)

How can someone patent a common word or phrase?
(ok I know its the function behind)

Hmmm
Apple, Windows

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LOL, no no, I'm sorry, but I have prior art on that one! :P lol

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hmm why didn't I patent the OK or the Cancel button?

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I already applied a patent for that.

Oh and I patented Typing on the Keyboard and displaying the typed characters on the screen.

Judging by what you typed you owe me 42 dollars. a dollar per character.

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well, let me pwnt you both !!!
i already patented "reading text on the screen"
so if you're reading this ..... you're going to get sued

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DAMN YOU!!!

I pantented breathing. SO THERE, either drop dead or start forking over some cash.j/k

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Pssh, I patented birth and existence thereof.

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I wasnt born, I was brought down by Aliens to bring down the Patent office.

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I patented all uses and references toward some deity-thingy named God.

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lol, (oh crap, i used the button!)

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yeah, you should've used the "post a reply" one :P

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FINALLY they REJECT this stupid patent.

I got an idea for a patent too!!!

You click a button that says Post your comments and it imediatly takes the content of a Text box and displays it on your screen as a Post. WHAT AN IDEA!!! LET ME GO PATENT THIS RIGHT AWAY!!! BETANEWS BEWARE!!! =p

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