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> [1] A test for non-obviousness: does an implementor care to look at your patent or reverse-engineer your implementation, or is a description of what the inven
by Nevermark 4y ago
> [1] A test for non-obviousness: does an implementor care to look at your patent or reverse-engineer your implementation, or is a description of what the invention does sufficient?
This seems like a wonderful test of obviousness to me.
However, the "what" could be: "A method of reducing the number of online sales that are attempted but somehow aborted".
The "solution" of having a single click to purchase, in the context of cached purchase info and permission, might not be obvious to everyone working on that problem. (Even though it might be obvious in hindsight - which is not a barrier to patentability.)
That "solution" is specific enough to not block other's from solving the same problem (avoidance of aborted purchases) in via different methods.
That would be the approach I would use to defend single-click against your test. (Not a lawyer, no special legal expertise, just working through the logic as I can see it.)
- pannSun 4y ago> the "what" could be: "A method of reducing the number of online sales that are attempted but somehow aborted". That's a good point. But it does open the door to patenting so many things it would make business impossible - store layout? Ad composition? Sales timing? Employee treatment? Fortunately the law does not seem to have such a broad view of what is patentable: https://en.wikipedia.org/wiki/Patentable_subject_matter#United_States https://en.wikipedia.org/wiki/Patentable_subject_matter#Unit... The other problem is the 'could' in your hypothetical - as far as I know, that's not what Amazon put on the patent application. Probably because they knew it is not patentable subject matter.