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Amazon's Bezos Wants Web Advertising Patent 264

theodp writes "Just published today by the USPTO--Amazon CEO Jeff Bezos' patent application for adding advertisements to web pages. Sure would be ironic if those 50,000 online banner impressions on oreillynet.com Amazon receives as a Platinum Sponsor of the upcoming O'Reilly Emerging Technology Conference turn out to constitute patent infringement." Someone *has* to have prior art on this - GEnie/Prodigy/BBSes embedding ads for memberships.
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Amazon's Bezos Wants Web Advertising Patent

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  • Wired? (Score:2, Insightful)

    by rbolkey ( 74093 )
    Weren't they the first to have banner adds?

    Haven't read the application, but I assume they have some "novel" way of including advertisements.
    • Re:Wired? (Score:2, Informative)

      by 91degrees ( 207121 )
      Seems to be more a way of handling bidding. Not quite sure how it works, but it looks more like an automated system where the probability of display is related to the bid.
    • Re:Wired? (Score:5, Informative)

      by bludstone ( 103539 ) on Friday March 21, 2003 @09:52AM (#5564222)
      No.

      I believe the first people to have banner Adverts was happypuppy.com, tho I could be wrong.
    • Re:Wired? (Score:5, Informative)

      by TopShelf ( 92521 ) on Friday March 21, 2003 @09:54AM (#5564235) Homepage Journal
      It mostly deals with the interactive nature of selecting which ads to present based on the requesting website visitor and the pool of bids for advertising space. This would be novel and worthwhile if it was an older patent, but it says it was filed in October of 2002!
      • Re:Wired? (Score:3, Interesting)

        by buro9 ( 633210 )
        which then becomes interesting as Vignette have patents which cover the personalisation and delivery of web pages and components thereof... So one fool would have just crossed the patent held by another fool... both of which there is prior art on.
      • Re:Wired? (Score:5, Interesting)

        by Zathrus ( 232140 ) on Friday March 21, 2003 @10:33AM (#5564478) Homepage
        If it was filed in October 2002 then Amazon is claiming that they didn't use the method prior to October 2001... which I find doubtful. I also question that nobody else was using it prior to October 2001. Which is what needs to be proven to invalidate it.

        And while the patent is somewhat novel, I don't think it's sufficiently different from other advertising models (magazine publishing, television, radio) that select what ads to play during which shows to be considered inobvious. But, hey, neither of us are patent clerks. Thank God.
    • Re:Wired? (Score:5, Insightful)

      by Minna Kirai ( 624281 ) on Friday March 21, 2003 @11:30AM (#5564926)
      Among patent lawyers, it is widely believed that Wired.com invented the banner ad, and that they lost a chance to be the gatekeepers for online publishers by failing to patent it. Even though banner ads seem like a trivial migration of advertising from paper into electronic documents, apparently the idea was novel enough to have stood a good chance of validity (by the USPTO's loose definitions)

      Since then, other companies have attempted to patent more specific aspects of online advertising. Doubleclick.com's patent [uspto.gov], for instance, was covered on /. [slashdot.org] when it came out.

      However, the new Amazon patent is (apparently) not for something as general as banner ads, or tracking the users viewing ads- but on selecting ads to run by comparing them with the shopping behavior of a customer.

      As usual, that's something which hardly seems worthy of the name "invention". Let us remember: Jeff Bezos agrees that the USPTO accepts patents far too liberally- but as a responsible businessman, he has no choice but to seize every advantage the government offers him.

      One could even argue that high-profile abuses of the patent office serve to emphasize it's shortcomings, and set the stage for eventually fixing patent law. Call it a backwards form of civil disobedience, maybe?
      • Re:Wired? (Score:5, Insightful)

        by Qzukk ( 229616 ) on Friday March 21, 2003 @11:48AM (#5565098) Journal
        as a responsible businessman, he has no choice but to seize every advantage the government offers him.

        I wish people would STOP SPOUTING THIS BULLSHIT. Hiding your lack of ethics and/or morals behind the corporate veil is no excuse for this behavior.

        Why do corporations feel that they are above the rest of us? If its Bezos's job to take advantage of the government due to poor enforcement for as long as he can get away with it, that must make it my job to take advantage of the government due to poor enforcement by killing people for as long as I can get away with it.
        • Re:Wired? (Score:5, Funny)

          by JonTurner ( 178845 ) on Friday March 21, 2003 @01:01PM (#5565850) Journal
          If its Bezos's job to take advantage of the government due to poor enforcement for as long as he can get away with it, that must make it my job to take advantage of the government due to poor enforcement by killing people for as long as I can get away with it.

          In the off-chance that you're not kidding... when you begin your rampage, can you please start somewhere FAR AWAY from where I live?
          Thanks a bunch. --Jon
  • by ShatteredDream ( 636520 ) on Friday March 21, 2003 @09:49AM (#5564196) Homepage
    There's always ebates.com's 4% money back deal for buying from barnes and nobles' website (and they have a long-running special, buy two or more items and get free shipping). Yeah, Amazon, you're not making it any easier on me.
    • There's always ebates.com's 4% money back deal for buying from barnes and nobles' website (and they have a long-running special, buy two or more items and get free shipping). Yeah, Amazon, you're not making it any easier on me.

      I could be wrong but isn't run by Amazon? [barnesandnoble.com]

      That's why it's got the same interface - rather than develop their own technology to cater for online customers, B&N licensed Amazon's technology from them. A bit like buying an off-the-shelf database as opposed to writing your own one.
  • I say... (Score:5, Interesting)

    by codezion ( 564387 ) on Friday March 21, 2003 @09:49AM (#5564198)
    Us, the community, should apply for patents for every good thing out there so that these predetors can't get a hold of it first. CVS is the first thing that comes to mind.

    -- CodeZion
  • by watzinaneihm ( 627119 ) on Friday March 21, 2003 @09:50AM (#5564200) Journal
    Maybe this will be the end of pop-up ads :-). Just don't go to amazon
  • by davetrainer ( 587868 ) <slashdot@dav3.14etrainer.com minus pi> on Friday March 21, 2003 @09:50AM (#5564203)
    How much easier would our lives be if amazon.com were the only site on the entire www with advertisements?

    Yes, wishful thinking, I know.

  • Yea!!! (Score:5, Funny)

    by ryanvm ( 247662 ) on Friday March 21, 2003 @09:50AM (#5564207)
    Yea! No more banner ads! Welcome to the Internet circa 1993.
    • Re:Yea!!! (Score:5, Insightful)

      by doodleboy ( 263186 ) on Friday March 21, 2003 @10:24AM (#5564420)
      Wanna party like it's 1993? Just: Use mozilla [mozilla.org] to disable pop-ups and nosy cookies. Use the proximitron [proxomitron.org] or filterproxy [sf.net], depending on your OS. Use a big-ass hosts [accs-net.com] file and edexter [accs-net.com] (or eDexterJavaDog [accs-net.com] for non-windows users) if you want.

      I use nt at work, linux at home, and I don't do ads. Bottom line, WE control what happens on our computers. Let's not forget that we have this power, or that we're going to have to fight to keep it.
      • Pick Your Poison (Score:4, Insightful)

        by KalvinB ( 205500 ) on Friday March 21, 2003 @01:58PM (#5566488) Homepage
        The more people who refuse to help cover the costs of web-sites passivly by viewing ads, the more sites that are going to force people to pay actively with subscriptions or whatnot.

        Speaking from experience, subscriptions work really well, even for a not so major web-site like IcarusIndie.com

        Currently I just use banner ads for intersite advertising (my site is huge), to allow other game development sites to get some free exposure and to plug web-sites I'm a fan of. I still have a number of text ads you'd never notice unless you clicked on them to get statistics on how well they work (at least for exposure). I've yet to make a dime on them.

        As a result of using subscriptions I have a lot more bandwidth available to offer more free stuff.

        Like this Survey [icarusindie.com] on who people think the US should attack and tons of material including video on the war [icarusindie.com]

        So, block all you want. It's a very simple thing to go to a subscription model. For sites that are struggling with bandwidth usage and costs, I highly recommend it.

        Ben
  • What? (Score:3, Funny)

    by James_Duncan8181 ( 588316 ) on Friday March 21, 2003 @09:51AM (#5564209) Homepage
    Was this filed on April 1st?
  • by erat ( 2665 ) on Friday March 21, 2003 @09:51AM (#5564210)
    I only read the top part of the patent application, but the "advertisement" stuff actually sounds more like a typical eBay auction page (complete with the ability to take bids) than a banner ad.

    I could be wrong.
    • by Apreche ( 239272 ) on Friday March 21, 2003 @10:07AM (#5564323) Homepage Journal
      You are indeed wrong. Slightly. It's not a patent on all web advertising. Nor is it a patent on ebay style auctions.

      It is a patent on web advertisements that take up real estate on a web page, which would exclude pop ups, and flash flyouts would be gray area. Specifically when selling those advertisements based on bids. So you will be able to sell ad space on your site for a fixed rate, or a scaled rate, but not to the highest bidder. If this goes through, then techically and legally Amazon will be the only site that can sell banner ads, text ads, etc. to the highest bidder.
      • Exactly. The only thing I've seen before that it seems like this might affect is the search keyword bidding that Tucows makes available to developers. Not that I've ever used that anyway with my software listings, so I'm not sweating :-)
  • by Anonymous Coward on Friday March 21, 2003 @09:51AM (#5564211)
    I just talked with Al Gore and he said he helped Amazon place the first one on the web. Looks like they got this one.
  • What? (Score:2, Funny)

    by mschoolbus ( 627182 )
    I always thought Al Gore invented those too...
    • Just curious about peoples thoughts...

      Why is it that this one clearly stupid slip of the tongue has become a major character flaw in what is clearly a man with above average inteligence (even if you think his ideas are wrong this must be admitted), while all the inane verbal blunders our current prez says seem to be classified as a quirky endearment?

      Is this just a VP thing? Remember the Dan Quayle potato - potatoe thing!

      Personally I couldn't care less about Gore (and even less about Qualye) but I am just
  • by Anonymous Coward on Friday March 21, 2003 @09:51AM (#5564217)
    This is not a patent for all advertising on web pages. It is for a method of allocating display space to advertisers based on a bidding system.
    NOT "all web advertising"
    • by watzinaneihm ( 627119 ) on Friday March 21, 2003 @09:56AM (#5564257) Journal
      . A method in a computer system for allocating display space on a web page, the method comprising: receiving multiple bids indicating a bid amount and an advertisement; receiving a request to provide the web page to a user; selecting, based at least in part on review of bid amounts, a received bid; and adding the advertisement of the selected bid to the web page.
      24. A method in a computer system for selecting an advertisement to present to a user, the method comprising: identifying an advertisement for an item to be presented to the user; when an advertisement for a related item has previously been presented to the user, analyzing activity of the user associated with the advertisement for the related item; and when the analysis indicates that the user may not be interested in the item of the identified advertisement, identifying an advertisement for another item.
      Covers most of advertising on auction sites and targeted advertising methinks. IANAL!IANAL!!!
    • I did, I did!!! (Score:5, Interesting)

      by adamofgreyskull ( 640712 ) on Friday March 21, 2003 @09:59AM (#5564274)
      Quite, and isn't the Google advertising model [google.co.uk] sort of similar to this?

      I.E. A system of showing ads based on companies' bid amounts??
    • by unitron ( 5733 ) on Friday March 21, 2003 @10:04AM (#5564302) Homepage Journal
      "It is for a method of allocating display space to advertisers based on a bidding system."

      Don't newpapers and magazines do this already?

    • ..and auctions in general have been around since caveman days probably. Just another corporate abuse of the system.

      I am starting to get the "impression" pun intended that any company composed of more than two people should be suspect of being crooked and just generally lame.

      And any governments of more than ONE person.

      I think it's time to just scrap patents all together and scrap copyrights, or at most make them for a very short period, like two years max. And I don't care about the temporary economic mod
    • by gosand ( 234100 ) on Friday March 21, 2003 @10:31AM (#5564464)
      This is not a patent for all advertising on web pages. It is for a method of allocating display space to advertisers based on a bidding system. NOT "all web advertising"

      It would be nice if people read the articles that were posted here, but sometimes that isn't possible because the sites get slashdotted.

      What would be even nicer is if the submitters and the editors would read the articles themselves, and not put a bunch of misleading information into the submission and the title.

      You know what else would be nice? A cold beer.
      One out of three ain't bad. :-)

    • by abulafia ( 7826 ) on Friday March 21, 2003 @11:00AM (#5564678)
      I contracted to a company called Narrowline in 1994-1995. They were an early competitor to Doubleclick. The important difference was that they attempted to be a neutral market for advertising, matching buyers and sellers.

      The system was exactly what what described here.

      Now I need to hunt down the folks who used to work there...
  • Hmmm..... (Score:5, Funny)

    by mistermund ( 605799 ) on Friday March 21, 2003 @09:51AM (#5564218)
    Well, one could consider that those who apply for these patents on various forms of annoying web advertising could really be held responsible for those. I mean, how many times have you said to yourself, "If could only find the !#@*&er who came up with these things"? Now we have the answer. Anyone want to register the patent for spam?
  • Prodigy was first (Score:4, Informative)

    by niola ( 74324 ) <jon@niola.net> on Friday March 21, 2003 @09:52AM (#5564224) Homepage
    I worked for Prodigy in the early 90's and we used to run banner ads on our old proprietary service back as early as 1991.

    If you google it, Prodigy is often regarded as the first.

    --Jon
    • Yeah, but that's the logical answer. The US Patent Office is only really concerned with who files a PATENT for something ... not if there's any merit to the patent application.
    • Yes, and AOL was doing it prior to Prodigy on their proprietary service.

      I (or, more likely, my parents) somehow got solicited as a beta tester for AOL when they were first releasing their PC client. This was in the late 80's. It ran on GeoWorks and sucked... badly. Didn't handle anything faster than 2400 baud (I believe I had a USR 9600 HST at the time) and apparantly used xmodem as the transfer protocol.

      And while AOL still sucks, it doesn't suck nearly as much as it once did. Scary thought.
    • Re:Prodigy was first (Score:5, Informative)

      by diablobynight ( 646304 ) on Friday March 21, 2003 @10:55AM (#5564639) Journal
      It isn't just a patent on banner adds. It's a patent on banner adds that are displayed through a certain process. Please read the article before posting.
  • Hmmm (Score:4, Insightful)

    by Ravenscall ( 12240 ) on Friday March 21, 2003 @09:54AM (#5564236)
    Thin this may actually be a bid to make Amazon a profitable entity?

    I have not been paying much attention to thier profit reports of late, but it seems that royalties, even very small royalties, on this would put them over the top.

    Either that or do away with banner ads altogether, which I cannot really complain about :-)

  • by terraformer ( 617565 ) <tpb@pervici.com> on Friday March 21, 2003 @09:54AM (#5564238) Journal
    A method and system for allocating display space on web page. In one embodiment, the display space system receives multiple bids each indicating a bid amount and an advertisement. When a request is received to provide a web page that includes the display space, the display space system selects a bid based in part on the bid amount. The display space system then adds the advertisement of the selected bid to the web page.

    This seems *very* similar to Google's system of advertising [google.com]. The rest of the patent also seems to be like ad words.

  • by eyegor ( 148503 ) on Friday March 21, 2003 @09:55AM (#5564250)
    As much as I try to like Amazon.com, they keep pissing me off with their patents. What's next? Patenting buying books on the internet? Patenting online sales that are available 24 hours a day?

    Stuff like this will only serve to stifle competition on the internet (which is probably the intent) and generally muck up internet commerce in general.

    In a capitalistic society, greed is good, But Mr. Bezos is taking it a bit too far, I think.

    Time to start boycotting them.
    • by dark-nl ( 568618 ) <dark@xs4all.nl> on Friday March 21, 2003 @10:09AM (#5564328)
      There's a huge list of other online booksellers at noamazon [noamazon.com].
    • I 'came back' to Amazon after a length boycott during the O'Reilly/Bezos 'solution to patents' days. However, it seems that Bezos doesn't really care about being a good software neighbor anymore. Thusly the only thing I (and others) can do is to definitely hit 'em where it hurts most - the pocketbook. I will never again (or until Bezos gives up all patents, or the patent office does something wonderful and amazing, like nullifying all software patents - fat chance!) buy anything from Amazon and make sure my
    • You know, if every (American) wrote to your congresspersons and demanded a department that had the right to review and revoke patents and trademarks this sort of thing could be contested and dealt with at a federal level. It would also help weed out the loser ideas at the get-go since they'd be instantly afraid of filing for something that might get challenged and revoked.

      ...just a thought...
  • by Fallen Kell ( 165468 ) on Friday March 21, 2003 @09:57AM (#5564258)
    Seriously, if they get a patent on banner ads, and charge people for using the patent, everyone who uses banner ads will have to stop as I am sure they do not make enough money to cover the costs along with the patent costs. So in the end, NO MORE BANNER ADS!!! YEA!!!!!!!! CHEERS!!!!! JOY!!!!!
  • Patent spam (Score:3, Insightful)

    by Alain Williams ( 2972 ) <addw@phcomp.co.uk> on Friday March 21, 2003 @09:57AM (#5564260) Homepage
    Do you think that if I got a patent that covered spamming then we could all heave a sigh of relief ... ?
  • This topic is really stale. Every one of these patents has the same basic issues and everyone posts the same stuff each time. Could we just put up stupid, repetitive items (stupid because of USPTO actions) and not allow any comment - cause I read it all before.
  • Boycott (Score:2, Redundant)

    by n1ywb ( 555767 )
    That's just the last straw. I will not buy from Amazon again.
  • has anyone considered- and i know that many of you probably already have, but i'm wondering whether anyone has read articles, has inside views, etc- the fact that these stupid patent issues maybe keep coming up because you can't buy publicity like this? For every 50 people who look at amazon now and think, 'stupid patent lawsuit,' there are going to be a half dozen like my grandmother, who only remember, "hey! came up with the first internet ad system!" regardless, of course, of whether this is true or not.

    And those half dozen or so, the ones who answer spam, the ones who believe everything that they see on the TV ads for Ebay, are now the targets for a whole new realm of name-awareness advertising... Patent lawsuits, class action lawsuits, and so on. The whole McDonald's thing- that's one in reverse. People say, 'oh, look at the dumb class-action lawsuit' (regardless of its validity or silliness, these people are only going to hear about it in the media, where it's been given the general spin already) and will recite, 'people who can't control their eating habits-' then go on to discount the lawsuit altogether, and the "McDonald's" logo has gotten one more creep into their brains. So they go have a Bic Mac. Yeah, i know that this might get a lot of nasty responses from clever people who have something to pick at with all this ramblimng, but how bout it? Are lawsuits becoming a whole new marketing venue?

  • Someone *has* to have prior art on this In a way, I hope not. Beezo may be using this as a way of showing how stupid patents are, as applied to software. Beezo has shown himself to be more in the grey area than black area. At the very least, he may actually force the web to undergo massive changes.
  • who needs banner ads anyway? the only traffic that a banner ad really drives is the volume on the floor of the nasdaq (well, on the network anyhow). seriously folks, they do some good, and did alot of good when they were so new they were still interesting, but the reality is, they were the first honest lie of the internet boom.

    that being said, i hate stupid patents.

  • Sure would be ironic if those 50,000 online banner impressions on oreillynet.com Amazon receives ... turn out to constitute patent infringement.

    Even if Amazon received a whole dollar for every single impression - which you can sure they don't - the total is a drop in a large bucket.
  • Prior art (Score:5, Informative)

    by UtilityFog ( 654576 ) on Friday March 21, 2003 @10:06AM (#5564320) Homepage
    This patent seems to be mostly about selling space for ads via an automated market process. FWIW, I published a paper in 1998 describing a similar process (to be used for the design of, e.g., chip layouts). The ref is

    Hall, J Storrs, Louis Steinberg and Brian D Davison (1998) "Combining agoric and genetic methods in stochastic design" Nanotechnology [iop.org] 9 No 3 (September 1998) 274-284

    the paper can be found here [foresight.org]

    • Automated Marketing is making in-roads into all sorts of areas.

      I used to be involved in a project at one of the big Telco's that was looking at automated marketing of transatlantic bandwidth.

      As far as I know it never got off the ground because the telco industry couldn't organise a jumble sale with the state it's in at the moment.
    • This patent seems to be mostly about selling space for ads via an automated market process.

      Well, SPAM selling banner ad space was being sent out at least as early as
      February 1996 [google.com]. I love how the text of the spam says the site displaying the ad the gets two - three hundred hits per day.

      (Note the 'patented' process for having an ad embedded in my /. sig below)

    • so go submit it to the USPTO as such
  • why? (Score:3, Insightful)

    by Joe the Lesser ( 533425 ) on Friday March 21, 2003 @10:11AM (#5564341) Homepage Journal
    You know, I really wonder what is going through Bezos' mind. I think most people in the tech field are going to scoff at this, and he's just damaging his reputation by blatantly trying to patent something that everyone uses.

    Sometimes these tech lords really don't help their case.
  • by FunkyMarcus ( 182120 ) on Friday March 21, 2003 @10:13AM (#5564356) Homepage Journal
    Superflous Patenting Patented

    SEATTLE, March 20, 2004 -- Amazon, Inc. (Pink Sheets: AMZNQ) announced today that the U.S. Patent Office has granted it a patent for "a method to systematically patent all things obvious and previously discovered by others." Jeff Bezos, CEO of Amazon, indicated that this patent places the company firmly on the path to reorganization as an intellectual property and rights management firm. "I fully expect this strategy to enable us to emerge from Chapter 11 bankruptcy protection later this year," Bezos said at a press conference this morning, where he outlined his plan to an enthusiastic crowd of such totalitarian dictators as Fidel Castro and Bill Gates. The remaining points of his strategy include patenting patent infringement as well as a method to litigate patent infringement cases.

    Mark
  • by SlashdotLemming ( 640272 ) on Friday March 21, 2003 @10:13AM (#5564359)
    In addition to patenting "adding advertisements to web pages" Slashdot reports that in the same patent [uspto.gov], titled "Method and system for allocating display space", Jeff Bezos is also trying to patent "adding the word 'and' to a patent application".

    The Slashdot community is in outrage

    "There must be prior art. I mean someone must have the word 'and' in a patent application" writes one reader.

    "I never read the patent, but I can see from the other comments that this monster is really trying to patent the word 'and'!! How ridiculous. The patent office is ensuring its own doom with this one."

    "No one is sure if Bezos' secret agents in the patent office will get this one approved," reports the Slashdot editor who posted the story, "but this is yet another sign of the impeding downfall of western civilization"
    • by Anonymous Coward
      You silly person, that's utterly ridiculous. I mean:

      "No one is sure if Bezos' secret agents in the patent office will get this one approved," reports the Slashdot editor who posted the story, "but this is yet another sign of the impeding downfall of western civilization"


      there's only one spelling and one grammar mistake in that. Slashdot editor comments require a minimum of three easily-spotted errors.
  • Prior Art (Score:2, Informative)

    by dmarx ( 528279 )
    AOL used banner ads in its online service well before the establishment of Amazon.com.
  • by cryofan5 ( 632479 ) on Friday March 21, 2003 @10:17AM (#5564381)
    I work as a patent agent. THe claims are what determines the area that the patent covers. Let's take a look at claim 1, which should be the broadest, most encompassing claim in the patent:
    1. A method in a computer system for allocating display space on a web page, the method comprising:
    receiving multiple bids indicating a bid amount and an advertisement;
    receiving a request to provide the web page to a user;
    selecting, based at least in part on review of bid amounts, a received bid;
    and adding the advertisement of the selected bid to the web page.
    >>>
    It's clear that the "advertisement" is an advertisement of an item up for bids on an online auction, such as ebay. Therefore, this patent does not deal with online advertisements such as banner ads, etc.
    However, this patent attempts to claim online auctions. Period. In that sense, it is very broad and all-encompassing. If Bezos gets this claim, he gets the rights to a monopoly on online auctions, in many senses.
    • It's clear that the "advertisement" is an advertisement of an item up for bids on an online auction, such as ebay

      Wrong.

      "selecting, based at least in part on review of bid amounts, a received bid;
      and adding the advertisement of the selected bid to the web page."

      This is indicating that the ad is added to the webpage based on (at least partly) the amount of the bid. It covers both outright sale of a slot to the highest bidder (you paid the most, so your ad will always show up), AND sale of the same ad slo
    • by poot_rootbeer ( 188613 ) on Friday March 21, 2003 @12:27PM (#5565482)
      It's clear that the "advertisement" is an advertisement of an item up for bids on an online auction, such as ebay.

      You read it wrong. The patent is on a system for allowing advertisers to bid on ad avails, and has nothing to do with the content of the advertisements.

      If you really are a patent agent, thank you for proving to Slashdot that patent agents do indeed lack the comprehension skills necessary to evaluate technical patent applications.
  • by Anonymous Coward
    Most of the older BBS's, Major BBS, WildCat, etc.. before the web was around, offered many of services now being patented, e-commerce, advertising, classified ads, forums, ratings, files sharing, online games, and on and on, AOL and Prodigy were BBS's before web. Anybody got an old Boardwatch Mag, look at some of the advertisments for these software packages, BEFORE software patents were available!!
  • by Zocalo ( 252965 ) on Friday March 21, 2003 @10:26AM (#5564434) Homepage
    A thought just occurred to me reading the Slashdot write-up for this. Inevitably when someone patents something stupid under the USPTO there is a comment about prior art in the Slashdot write-up, the tone of which seems to be "if someone has prior art, then the bad patent will go away", but is this *really* the case? Suppose I have the ultimate prior art on a bogus US patent but hadn't applied for a patent because I thought it was so obvious, could I produce the prior art, overturning the patent, then apply for a patent of my own and sue the ass off the original patent applicant for licensing fees, since they would now be infringing on *my* patent?
    • could I produce the prior art, overturning the patent, then apply for a patent of my own and sue the ass off the original patent applicant for licensing fees, since they would now be infringing on *my* patent?

      Nope. You have to apply within one year of the original disclosure of your idea to *anyone*. Therefore, if you could produce the prior art, the most you could do is get the patent invalidated, but you would have to go to court to do that.

    • by Minna Kirai ( 624281 ) on Friday March 21, 2003 @11:12AM (#5564759)
      No.

      To apply for a patent, paperwork must be recieved [lawnotes.com] at the USPTO within 1 year of the invention's public use or publication. "Prior artists" who hadn't thought about filing a patent before will usually find it's too late to start one now.

      (Note that once the application process has started, it's possible to drag it on for years and re-apply several times before the patent is granted or denied. Some companies have intentionally delayed the awarding of their patents, as a way to extend the eventual expiration date)
  • I have just patented a method for reading information distributed worldwide by means of a chair, internet access and a web browser running on a computer.

    I believe you all owe me royalties?
  • Finally! (Score:3, Funny)

    by aborchers ( 471342 ) on Friday March 21, 2003 @10:41AM (#5564532) Homepage Journal
    A way to make money from banner ads!

  • by CokoBWare ( 584686 ) on Friday March 21, 2003 @10:42AM (#5564537)
    I have read the abstract, and everyone who has their nipples in a twist should actually read the abstract. He's not patenting web advertising per se, but advertising relating to bids in auctions. I would have thought that the word "bid" in the patent application would have given this away.

    BTW, I hate dumb patents.
  • by Quietust ( 205670 ) on Friday March 21, 2003 @10:55AM (#5564647) Homepage
    ...who initially read the title as "Amazon's Bozos Wants Web Advertising Patent"?
  • Why would prior art stop this particular patent? The USPTO doesn't seem to have given prior art much consideration in a number of other recent trivial patent applications...
  • Read it again... (Score:4, Informative)

    by rdean400 ( 322321 ) on Friday March 21, 2003 @11:27AM (#5564899)
    The patent application is for a system allowing advertisers to bid for advertising space available on a website and the plumbing to make that all work without human intervention. It is not for advertisements in and of themselves.

    However, I really question the non-obviousness of the implementation. Any practitioner of the art would be able to easily create this...there's no value in its disclosure to the IT community, and so the value of the "invention" as an advancement of the arts and sciences is pretty well worthless.
  • Yahoo? (Score:3, Insightful)

    by supabeast! ( 84658 ) on Friday March 21, 2003 @11:49AM (#5565103)
    Is it just me, or does anyone else remember Yahoo making money with advertising before there even was an Amazon?
  • by malachid69 ( 306291 ) on Friday March 21, 2003 @12:00PM (#5565206) Homepage
    Very odd.... In 1993, after I switch from Gopher to a pre-release of Mosaic, I saw a few banner ads. In fact, I designed one for my ISP and put it on my main page and got free ISP access for 6 years. Don't remember seeing Amazon back then. When did they go online?

    And yeah, even if it wasn't for people like Prodigy, Genie, and (there was a third, wasn't there?) -- didn't AOL have advertisements all along?

    Malachi
  • by philkerr ( 180450 ) on Friday March 21, 2003 @12:12PM (#5565336) Homepage
    WIPO are to change the status of electronic prior art in the next few months. From my understanding the rules at the moment for the USPTO are that prior art must be in printed form published in the US. This is to change to cover electronic disclosures on usenet and public email lists.

    The Practice Guidelines under the SPLT are available at http://www.wipo.int/scp/en/documents/session_9/pdf /scp9_4.pdf [wipo.int]. The relevant section is 76 d on pages 19/20.

    This information is useful not only for defending against patent claims like this, but where OpenSource developers have been discussing concepts and ideas on mailing lists open to the public. The document above is also a good read (really!) on the subject of prior art.

    It appears that WIPO are taking a stand against Intellectual Piracy.

    Phil

  • by tuxlove ( 316502 ) on Friday March 21, 2003 @03:09PM (#5567620)
    It's about determining *which* ad to put on a web page based on bidders for that space. If a web page doesn't use a bidding system like Amazon's, they won't be infringing on this patent simply by placing ads on a web page. I really love /. articles about patents - they're always so content-free, or at least factual-content-free.
  • by dh003i ( 203189 ) <`dh003i' `at' `gmail.com'> on Friday March 21, 2003 @04:56PM (#5568935) Homepage Journal
    How much more proof do we need, before we realize that the entire patent system is corrupted beyond repair and needs to be rebuild from the ground up?

    Firstly, business models or other general "methods" -- like this auction method -- should never be patentable. Patents should cover inventions. You've found a good business model -- fine. Doesn't mean that just because you're the first one to utilize that business model or method, that no one else should be able to.

    Patents should, at the very least, consider independent discovery. Furthermore, simply coming up with the idea a few days before someone else hardly means that you're entitled to sole ownership.

    Another thing -- life should not be patentable. Living organisms should not be patentable. It is absurd to treat living organisms as if they are "property". This poses innate problems, because living organisms tend to spread. See the Canada case where a greedy multinational corporation decided to bankrupt a farmer for growing what was in his own yard.

    Finally, corporations should not be allowed to patent inventions that they did not actually develop. A disgusting category in this case is biopiracy, where corporations are given the rights to profit off of an invention which they in no way invented, but simply extracted from indigenous peoples. Anyone who pursues these kind of patents is an immoral crook.

All seems condemned in the long run to approximate a state akin to Gaussian noise. -- James Martin

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