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Patent US8296192 – Method for making money on the internet

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Re: Patent US8296192 – Method for making money on the internet

#91
post #46

Earlier quoted context omitted.

Too late ( https://www.google.com/patents/WO2004095226A2?cl=en&dq=%22pa... ). Dude beat you to it by several years.

They should start using that against patent trolls.

What if they acquired a license? We would have come full circle, proving the idiocy of this system and, implicitly, that the intelligence of those who administer it is quite limited at best.

Re: Patent US8296192 – Method for making money on the internet

#92

Question: If I build a start up here in Bolivia, it gets big among Latinamerican users - can I take a huge giant shit on the US patent system? Or does the patent system apply if my website application code is hosted on US servers?

For the courses I took, you cannot care less. Just keep your server away from USA. The patents are national. They protect the "import" of infringing merchandise, but as you can see by all the chinese rip-offs that's a waterloo. In the worst case scenario they can block your website. Or bomb your country ;)

Re: Patent US8296192 – Method for making money on the internet

#94

Earlier quoted context omitted.

As someone not familiar with how patenting really works, that's exactly what I thought at first, and reading patents isn't exactly a clear way to understand what is "actually patented" either. In this case when I read it I understood, but sometimes reading them leaves me MORE confuses.

Step-by-step beginner's guide to determining the scope of patents: 1. Read the claims. :-)

2. if something doesn't make sense in the claims, you can refer to the description for clarification of what the scope of terms encompass within their scope.

Also, as an ademdum to 1., specifically read the independant claims (the ones which don't mention other claims) for the definition of the broadest scope they're seeking to claim.

Re: Patent US8296192 – Method for making money on the internet

#96

Question: If I build a start up here in Bolivia, it gets big among Latinamerican users - can I take a huge giant shit on the US patent system? Or does the patent system apply if my website application code is hosted on US servers?

From what I learned from a WIPO course a decade ago, every country that signed the Paris Convention[1] (like the Berne Convention, but for patents) must treat patents filed in another signing country as valid in their own.

    when an applicant files an application for a patent or a trademark
    in a foreign country [...] the owner benefits from the same protection
    and the same legal remedy against any infringement as if the owner was
    a national owner of this right
[1] https://en.wikipedia.org/wiki/Paris_Convention_for_the_Prote...

Re: Patent US8296192 – Method for making money on the internet

#97

This is another example of a patent with a specific scope being given an incredibly broad title. This patent is actually on selling web site commenters the ability to have their comment appear in some kind of distinctive format, which might be a different font, or it might be appearing before the other comments.

Still doesn't seem like a very novel idea worthy of a patent.

Novelty requires proof through a single disclosue (read document) which discloses all the features of the claim. It is not, as with most things in the law, left up to a weak oppinion or a feeling of "Hmm, I'm sure someone must've done that before!"

Re: Patent US8296192 – Method for making money on the internet

#98
post #68

Earlier quoted context omitted.

Still doesn't seem like a very novel idea worthy of a patent.

It's not. Prior art is newspaper advertisement. You can't patent something as new just because it's done with a computer, as everyone knows. I bet this will be invalidated as soon as someone tries to enforce it. Easily. But this viral market attempt suggest they will try to get money from some sucker troll before, which I'm all for.

This is not equivalent to a newspaper advertisment because a newspaper isn't online content (though it's close enough that an argument could be made on the inventive step). However, there is definitely potential that this is novel.

I was going to say that there is also no method of changing a user comment on a newspaper after it has been created, but on a second inspection of the claim, there's no requirement for this within the claim. And based on that, I think you may well be right that there is a good chance of invalidation, because the system boils down to a system where one can place advertisments on specific parts of a piece of online content and being able to pay more for a better looking ad.

Re: Patent US8296192 – Method for making money on the internet

#99
post #63

This is another example of a patent with a specific scope being given an incredibly broad title. This patent is actually on selling web site commenters the ability to have their comment appear in some kind of distinctive format, which might be a different font, or it might be appearing before the other comments.

Like the way Livejournal lets users with paid accounts choose which userpic appears next to a comment? I believe they've been doing this for years...

No, because that's not paid per comment.

Re: Patent US8296192 – Method for making money on the internet

#100

This is another example of a patent with a specific scope being given an incredibly broad title. This patent is actually on selling web site commenters the ability to have their comment appear in some kind of distinctive format, which might be a different font, or it might be appearing before the other comments.

Specific scope? Like hell! This could apply to any Internet content.

Do you know how to read a patent document and assess the scope claimed? Because with a comment like that, it's pretty clear you don't. The scope is both quite clear and narrow/specific and most definitely could not apply to almost anything at all on the internet.
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