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IP as a Joke: Outrageous and Ridiculous Patents and Judgments

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Monday, October 5th, 2009 at 1:29 pm

Against Monopoly

Taken from the Appendix to my Mises Daily article Radical Patent Reform Is Not on the Way:

Examples of Outrageous Patents and Judgments

Examples of (at least apparently) ridiculous patents and patent applications abound (more at PatentLawPractice):

Amazon’s “one-click” patent, asserted against rival Barnes and Noble
Cendant’s assertion that Amazon violated Cendant’s patent monopoly on recommending books to customers (since settled)
The attempt of Dustin Stamper, Bush’s Top Economist, to secure a patent regarding an application for a System And Method For Multi-State Tax Analysis, which claims “a method, comprising: creating one or more alternate entity structures based on a base entity structure, the base entity structure comprising one or more entities; determining a tax liability for each alternate entity structure and the base entity structure; and generating a result based on comparing each of the determined tax liabilities”
Apple’s patent application for digital Karaoke
the suit against Facebook by the holder of a patent for a “system for creating a community for users with common interests to interact in”
the “absurdly broad patent [issued to Blackboard] for common uses of technology if that technology is employed in the context of education” (see also Patent Office Rejects Blackboard E-Learning Patent One Month After It Wins Lawsuit, Techdirt (Mar. 31, 2008)
Compton’s (now Encyclopedia Britannica’s) patent that “broadly cover[s] any multimedia database allowing users to simultaneously search for text, graphics, and sounds basic features found in virtually every multimedia product on the market”
Carfax’s patent on a “method for perusing selected vehicles having a clean title history”
Acacia’s patent for putting a unique transaction number on a receipt[26]
Pat. No. 6,368,227, covering swinging sideways on a swing

The Supreme Court, in the 1882 case Atlantic Works v. Brady, 107 US 192, itself lists examples of patents issued to “gadgets that obviously have had no place in the constitutional scheme of advancing scientific knowledge … the simplest of devices.” These included