
It’s Not Too Late for Uber to Avoid Stupid Patent of the Month - CapitalistCartr
https://www.eff.org/deeplinks/2014/12/spirit-holidays-its-not-too-late-uber-avoid-stupid-patent-month
======
spolsky
If you want to help, post this patent application to askpatents.com and get
some feedback on prior art published there that a patent examiner can find.

This wouldn't be the first time Uber has tried to patent something obvious
([http://patents.stackexchange.com/questions/5900/mobile-
taxi-...](http://patents.stackexchange.com/questions/5900/mobile-taxi-service-
ordering-transportation-through-a-mobile-device-uber-p)) and I'm sure that
they will keep whacking away at bad patents until one slips through. There's
very little cost to them to file, and if they are lucky enough to get a bad
patent accepted, I'm sure they'll be delighted to use it to block competition.

~~~
trackme
Some info on what constitutes Prior Art for those interested in participating
on Ask Patents

Prior art is any evidence that your invention is already known. Prior art does
not need to exist physically or be commercially available. It is enough that
someone, somewhere, sometime previously has described or shown or made
something that contains a use of technology that is very similar to your
invention.

[http://www.epo.org/learning-events/materials/inventors-
handb...](http://www.epo.org/learning-events/materials/inventors-
handbook/novelty/prior-art.html)

------
pcarolan
I'm pretty sure I learned demand adjusted pricing from lemonade stand in 1987.

~~~
fmsf
Ah! But you weren't doing it on a computer, that is innovation!

~~~
pcarolan
sadly I was

[http://en.wikipedia.org/wiki/Lemonade_Stand](http://en.wikipedia.org/wiki/Lemonade_Stand)

------
kartikkumar
I always wonder with backend-type stuff like this whether it's even possible
to enforce such a patent. Since the algorithms used for pricing, and even the
very act of dynamic price adjustment can remain hidden from the end user, I
wonder how Uber would even be able to enforce something like this. If I own a
company and I have algorithms running on my servers, how would they ever be
able to prove that I'm using what they've patented? If all they see is price
adjustment, I don't understand how they could ever submit a claim to the
court. Seems like they'd have to get cold, hard evidence from an insider to be
able to provide that that's what's happening. I'm assuming that such
information would only be obtainable through an illegal leak, making it
inadmissible.

Seems like this is fundamentally a useless patent because it's not even
enforceable. At least if they patented something UX-related, they can spot it
and submit evidence.

Am I missing something about the nature of this patent? Or is it really stupid
on two counts?

~~~
lukifer
The ambiguity actually works in Uber's favor: as long as there is the tiniest
thread of plausibility that you are using a similar price algorithm, they can
convince a judge to tie you up in court, burning time and legal fees while the
onus is on you to prove otherwise.

~~~
kartikkumar
That seems backwards to me. Why is the onus on the company being accused?
Surely Uber in that case has to provide the proof. Otherwise it seems to me
like a case of trying to prove that a unicorn doesn't exist. I'm not well-
versed in legal protocol but I'd hope in any case that it would be reverse.

And finally, would other parties using pricing tech already, e.g., airlines,
be able to sue for issuing a bad patent, e.g., [1], on the ground of prior
art?

[1] [http://patentlyo.com/patent/2012/12/suing-the-uspto-for-
issu...](http://patentlyo.com/patent/2012/12/suing-the-uspto-for-issuing-bad-
patents.html)

------
walfly12
Could the magic bean salesman in ocarina of time be considered prior art?

------
bbuffone
I have been able to order a taxi with my mobile phone since the first day i
got a mobile phone.

The Supreme court decided not to hear the case last year
([http://www.reuters.com/article/2014/01/13/us-scotus-
newegg-s...](http://www.reuters.com/article/2014/01/13/us-scotus-newegg-
soverain-idUSBREA0C13Q20140113))

why is "via a mobile app" not the same as "via the internet?"

------
finid
With stuff like this and others that the execs have been accused of, you have
to wonder that type of people they are.

Do they have a conscience or is it all about money?

~~~
closetnerd
What have the been accused of? Breaking a few city laws?

The execs haven't committed rape or murder. They aren't infringing on people
rights by sending the government our emails, texts or phone conversations; as
far as I know.

As far as businesses, and the objectives of any given one, go they're alright
in my book.

Patents, however, I am against.

~~~
thrwy10
Shouldn't 'breaking a few city laws' land them in jail or with a hefty fine or
something? If everyone 'breaks a few city laws', the situation would be
unsustainable.

~~~
travisp
If you believe Gordon Crovitz (granted, his view is controversial), the
average person commits three felonies a day:
[http://blogs.wsj.com/law/2009/09/28/three-felonies-a-day-
say...](http://blogs.wsj.com/law/2009/09/28/three-felonies-a-day-say-it-aint-
so-fellow-citizens/)

