Originally posted 2014-05-13 12:06:21. Republished by Blog Post Promoter
Yesterday I tweeted a link from IP Watchdog to a post called “The Story of How Patents Promote Innovation.” Now, Gene Quinn loves patents, but he’s never been in denial about just how stupid the PTO can be in its patent decisions. It’s a good thing, too, in light of how he would otherwise have to answer for his overall defense of the concept as against the “dumb patent of the week” — arguably the year or more — that’s making all the rounds. (Not that he hasn’t already written that piece.)
Anyway, notwithstanding the merits of that forced segue, here’s the story, Via TechDirt:
The US Patent and Trademark Office is frequently maligned for its baffling/terrible decisions… and rightfully so. Because this is exactly the sort of thing for which the USPTO should be maligned. Udi Tirosh at DIY Photography has uncovered a recently granted patent for the previously-unheard-of process of photographing things/people against a white backdrop… to of all companies, Amazon. . . .
Chalk up another loss in the USPTO’s column and a baffling, oblique “win” for Amazon’s IP legal team, which now “owns” an obvious method.
Can LIKELIHOOD OF CONFUSION® possibly add to this? Usually when everyone’s writing about something I do one of three things: (a) Ignore it on purpose; (b) ignore it by accident (i.e., miss the story even though everyone else is writing about it — hey, it’s like that around here); or (b) round up what everyone’s saying it about it and see if I see something.
This one, however, is a challenge. Read More…