Go Daddy patents “announcing a domain name registration on a social website”
domainnamewire.com
domainnamewire.com
http://portal.uspto.gov/external/portal/pair
Look under the heading "file wrapper" for all the communication. In particular, read:
CTNF Non-Final Rejection
REM Applicant Arguments/Remarks Made in an Amendment
NPL Non Patent Literature
NOA Notice of Allowance and Fees Due (PTOL-85)
The initial rejection (CTNF) is followed by applicant rebuttal (REM), several prior-art searchs (NPL) and then the acceptance (NOA, first document with 6 pages).I'm not bored enough to read the whole thing, but the claims seem to have been some constrained on very technical points.
Please note: this patent is completely bogus, and I am not defending it. I am pointing this out because I think it is critically important for people to understand how the process works. Otherwise all this hand-wringing is for naught (and those who don't learn from history, etc...)
A suggestion for an enterprising web designer who happens to also be a bored 2L: make a website to semi-automate collation of prior art challenges. Court is not the only way to challege a patent. Patents can be challenged by 3rd parties through an "ex-parte re-examination request". One of the big limitations to this is the cost of the legal process and prior-art search/summation. I'm dreaming of a website that would allow crowd-sourcing to get 95% of the way to a ready-to-file submission, which could then be vetted and finalized by pro-bono lawyers, students in legal clinic, etc.
http://patents.stackexchange.com/
(This is the same as askpatents.com)
http://patents.stackexchange.com/questions/535/prior-art-for...
I haven't yet heard what, if any, formal relationship AskPatents.com will have to the examination process going forward. However, at least for an already-issued patent a re-exam would be required.
Absent some statutory changes, it's hard to see how it will impact the prescribed, formal steps of the patent review process. Patent filings are a lot more complicated [edit: as compared to existing legal forms websites], but I can imagine a template interface that would allow crowd-sourcing before a final review to cross the Ts and dot the Is.
It would be phenomenal if the PTO streamlined the process themselves. Baby steps...
http://meta.patents.stackexchange.com/questions/105/i-want-t...
This is really neat!
Its like trolling backwards.
GoDaddy titles a patent "Announcing a Domain Name Registration on a Social Website"
Regardless of your position on US copyright law, you simply must understand this important and not-so-subtle distinction before you make arguments about the validity of a patent. There are 18 claims in this patent. Read and complain about specific claims.
To choose a random example, patent US496217 by Stihl (1990) is titled "Handle for a chain saw", yet Stihl did not patent handles on chain saws.
"Method and apparatus for lifting and operating a chain saw" would be more akin to the useless software patents that are out there.
Hang on? Isn't everyone already doing this for just about every other online venture? Someone registered via Facebook -> Post to wall. Hmmm. Maybe I should copy and paste their patent application and switch out "domain name registration" for any other service name.
I think it is silly for 2 reason's. Firstly this is not an innovation in any shape or form. People have been doing this for years with everything. It shouldn't have been approved. Secondly, GoDaddy have spent time and money gaining a patent which they can't enforce. Seems silly. I feel they just wanted to add "using patented technology" in their advertising.
Going after marketers, however, will be their undoing.
But askpatents.com looks to me like it has some potential to work, and if it did, it might solve at least most of the really heinous examples. I'd say that at least merits making the possibility of reform an open question.
Forcing a massive shift in IP rights (that may not benefit large, entrenched interest) through Congress is an enormous undertaking that may not succeed. Reform may be a more practical option.
"Social networking websites may comprise internet-based social networking services that focus on building and verifying online social networks for communities of people who may share interests and activities, wish to communicate with each other efficiently, and may be interested in exploring the interests and activities of others, and which necessitates the use of software applications".
In addition to Twitter, Myspace, LinkedIn and Facebook they also list YouTube and Flickr as specific examples. This thing is pretty far reaching.
Be aware of the following 60-day restriction when planning the transfer from GoDaddy: http://support.godaddy.com/help/article/3560/transferring-do...
oBDisclaimer: I participated in the development of the original and amended ICANN transfer policy. I understand that there has been a subsequent amendment and I'm just not interested enough anymore to find out what it includes. You may in fact actually be correct in that ICANN now permits this, although I'm pretty sure that this isn't the case :-)
One thing these characters could patent is a system and method of auto renewing and parking a domain they host if their site is used to check on it as it approaches expiry. I give GoDaddy a wide berth.
There are pretty well established guidelines for determining the "obviousness" of a patent, and one of these (as you mention) is determining whether the patent would be obvious to one with an ordinary level of skill in the relevant art.
The average software developer can't code fizzbuzz. Therefore anything more sophisticated than fizzbuzz is potentially patentable.
Think about that. Really let it sink in.
I have come to believe that the problem isn't with software patents, the problem is with us. Most software developers really are that bad. It is easy to forget this, but the people who hang out on Hacker News are really a slim minority.
We need to get our own house in order and demand more of the people who practice this art. Other industries have professional certification or restrictive guild systems - maybe we need to adopt the same.
This was the last kick in the pants I needed to get off of GoDaddy.
You all owe me £1m each ... (I also patented talking about it).
times infinity...
Edit: Or Slashdot.
This seems pointless because you could still just encourage people to do it manually, in another part of the purchase flow, or maybe even a week or two after? It seems to me that the patent just blocks you from having an official Facebook share button or Tweet (or something like that) button on the checkout summary page.
A photo-sharing service can patent "announcing a picture upload on a social website". A location service can patent "announcing a check-in on a social website" A restaurant review service can patent "announcing a restaurant rating on a social website"
It might actually help more such "ridiculous" patents being granted. Eventually, the non-tech crowd will be affected and the whole system will be brought into question.
They should have gone for a wider range of things.
And after reading articles like these - http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202... - makes one feel the legal system is aware how outdated and broken it is.
Or threatening enough people to sue them for umpteen fantastillion dollars unless they pay you ransom money^W^W licensing fees.
Remind me why we still have this fucked up system?
And so Godaddy makes money.
Is that not the case?