[Patents] Re: [Patents] EPO has granted Amazon 1-click Patent

[Jean-Jacques de Jong jean-jacques_de-jong@hp.com]

Jean-Paul Smets wrote:
> 
> Hi,
> 
> This is incredible for me and just shows how far the EPO
> (European Patent Office) is going in terms of biased and
> perverse interpretation of the Law.
> 
> The EPO granted a patent (EP0902381) on "a method and system
> for placing an order to purchase an item via the Internet"
> which is actually the 1-click Amazon patent.
> 
> The Munich convention clearly states that :
>         - programmes as such are not patentable
>         - business methods as such are not patentable
>         - mental acts as such are not patentable
>         - etc.
> 
> Of course, things are formally written to show that it is an
> invention which is new, technical solution of a technical
> problem and with industrial application. But any judge
> understands that the only innovativity in this patent is
> purely related to a business method or to a non technical
> programme. This is really the kind of patent that should be
> considered as an abuse of the law.
> 
> The EPO has now really gone too far. Anyone know how to sue
> them ?
> 
> JPS.
> 

You can't sue them in this situation. The decision to grant was issued
by a first instance, the Examining Division. Like any decision, it can
be wrong - errare humanum est. The decision may therefore be "appealed"
by the "other" party - the Third Parties in this case.

The third parties have 9 months from the decision to grant for filing an
opposition. They may in particular argue that the invention is not
patentable because directed to excluded matter as such.

If nobody files an opposition, the grant will be confirmed. But third
parties then again have an opportunity to protest before the national
courts.

If an opposition is filed, an opposition division will decide to grant
the patent (eventually modified) or revoke it. This decision is again
appealable.

But recall, isolated grant decisions of examining or opposition
divisions do not constitute "examples to follow" for similar cases, they
are not at all binding.

Decisions of the boards of appeal are "softly" binding and sometimes
turned over.

Only the decisions of the Enlarged Board of Appeal or the President of
the EPO are really binding. What THEY decide often turns up in the
"Guidelines" or sometimes even in the European Patent Convention. If
THEY decide something wrong, then it might be useful to obtain an
official correction.

JJJ