THE PATENT OFFICE CAN BE WRONG . . .

Sometimes people and government agencies get things wrong. Facebook is now faced with a court challenge for patent infringement by Cross Atlantic Capital Partners (“XACP”) who claim they patented the concept of an Internet-based "community for users with common interests to interact in" that was invented in 2000. The ruling from the U.S. Patent and Trademark Office (“USPTO”) is that their patent is good.

Facebook’s position, and mine,  is that this is silly. How can the USPTO grant a patent for the concept of meeting online, something that has been occurring in one form or another for quite some time? This is a money grab, pure and simple, and it is hoped that their decision will be reversed on appeal. Facebook’s concept is hardly novel. In fact, many of Facebook’s users migrated from MySpace, so why isn’t MySpace included as a defendant in the lawsuit? What about LinkedIn and other such sites?

It is axiomatic that one cannot patent a mere “idea;” and that is all XACP seems to have had. Let’s not stifle innovation on the Internet with such litigation. Unless they can prove they had more than an idea, I would applaud a reversal of the USPTO decision by the Federal Court, and its decision being upheld on the inevitable appeal.

Read original story on Law.com.

CROSS ATLANTIC CAPITAL PARTNERS, INC. v. FACEBOOK, INC. et al