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EPO revokes patent for "electronic ordering system"
Munich, 7 December 2007 -- The European Patent Office (EPO) has revoked the US firm Amazon's patent relating to a "method for placing an order via a computer system" after a hearing in opposition proceedings. Having heard all of the parties, the opposition division handling the case concluded today that the invention did not meet the patentability requirements under the European Patent Convention (EPC). The patent had been opposed by the Deutsche Gesellschaft für Informatik, Fleurop and the Foundation for Free Information Infrastructure (FFII).European patent EP 0927945 was granted on 23 April 2003 and describes a method in a computer system for ordering a gift whereby delivery is co ordinated by using the recipient's e-mail address. It is based on a divisional application stemming from the application for the famous "1-click" internet purchasing method, already withdrawn by Amazon in June 2001 following the first communication from the EPO's examining division.
Hearings are part of the opposition procedure provided for under the EPC. This legal right enables anyone to contest European patents. Oppositions are filed against about 6% of the European patents granted each year. The opposition period ends nine months after the patent is granted. At "oral proceedings" similar to a court hearing, involving the patent proprietor and the opponents, the opposition division of the EPO decides as an impartial arbiter whether the contested patent should be maintained, amended or revoked. In this case, the opposition division comprised three patent examiners and a legal expert.
Amazon is entitled to lodge an appeal against the opposition division's decision with a technical board of appeal, an appellate body of the EPO ruling on decisions at second instance.
For further information, please contact:
Rainer Osterwalder
Press Department
80298 Munich
Tel: +49 (0) 89/2399-1820
Mobile: + 49 (0) 163/8399-527
press@epo.org