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USPTO Patent Filing System – A Lesson In Modern Web Design

USPTO Banner

I have been working on filing a provisional patent for the past 2 days.   I am not talking about writing the actual patent, that took over a week.   When I say I have been “working on filing” for 2 days I mean the actual “simple” process of filing the already completed patent via the USPTO online filing system.

The quaint USPTO’s web app is referred to as the “e Filing System”.    Remember when “e-Whatever” was cool?   That meant you were doing cool online stuff with the interwebs like “e-Commerce”.   Maybe it is still cool to refer to anything you do via the web as “e-Something” but I’m pretty sure nobody calls their website their “eStore” or their “eBrochure” these days.

And by “quaint” I mean outdated, non-functional, and generally useless.

Historical UI

Now I know the USPTO goes back a few years.   They started way back in 1871, just before Al Gore got his first computer and started designing the Internet.    Thus I can understand what they are trying to achieve with the user experience throughout the site.    They clearly want to mimic the classic look-and-feel of the original Internet to give the entire site that sort of “reminiscent of the good ol’ days” feel.

The horrific color scheme, complete lack of use of white space throughout the site,  pages with nothing but lists of links, and 37 menus per page are all great design patterns of the early Internet.    Sure it makes the site difficult as hell to navigate, but sometimes you need to trade usability for really great marketing and branding.

USPTO Modern UI Design
USPTO : Historical User Interface brings us back to the days of excess navigation, no white space, and small fonts.

I do think they missed some opportunities by leaving off the scrolling marquee.   I definitely saw a few places where blink text could add to the experience.   I am also fairly certain my browser is not setup properly because I did not see very many animated GIFs on the page either.   But hey, nobody is perfect.   I’m sure they will get those things implemented next week.

USPTO UI Consistency
USPTO also sets themselves apart by ensuring you don’t confuse the FAQ pages with the rest of the site.

Ultra Secure User Registration

Now, to get started with the USTO advanced electronic filing system they STRONGLY recommend you become a registered user.    With some forethought an ingenuity they actually made this a fairly simple process.    You start by filling out a Customer Number Request PDF file and FAXING it to the USPTO Electronic Business Center.

Once you have that you can then proceed to Obtain a Digital Certificate by downloading and executing the PKI Subscriber Agreement, completing the Certificate Action Form and then MAILING the original form (no faxes or copies) to the Commissioner for Patents.

I am really glad they did this.    I, for one, think it is WAY too easy for people to conduct business online.   If everyone that ran an online business would start requiring people to both FAX and MAIL (I’m talking Postal Mail, aka Snail Mail here… not that spam-infested email thing) documentation to obtain a login then we would ALL be better off.   Just think of how much less spam, phishing emails, and viruses there would be online if everyone was required to prove they were serious by going through this process.

Bravo USPTO on helping make the Internet a more secure place to conduct business.

Maybe NASA, the Armed Forces, and other branches of government will follow your lead and make their systems more secure when it comes to online transactions.  Lord knows their 100% online registration and access systems for government contractors attract the scum-of-the-internet like an infested wound attracts tsetse flies.

 

Thank you USPTO for being the first to show us that online registration is NOT for everyone.  If you can't put in the effort you shouldn't be online.
Thank you USPTO for being the first to show us that online registration is NOT for everyone. If you can’t put in the effort you shouldn’t be online.

 

Modern Java Form Fields

Luckily the USPTO has created an online filing system that is a little less historical than the UI design.    Their modern process moves beyond the early days of the web and brings us past the days of animated GIFs and fully into the World of Java apps.   Thankfully they saw the future of web applications and did not burden us with browsers that can’t handle things like filling out simple online web forms or uploading files.   Lord only knows that sort of thing NEVER works cross-browser.

Thankfully the USPTO site forces me to download the Java Runtime Engine plugin for my Chrome 35 and Firefox 29 browsers.  Heaven knows where I’d be surfing the web these days without having a full Java engine at my beck-and-call every time I needed to fill out a web form or update a file.    Thank you USPTO for having my back.

Standard PDF Support

Thank GOD they support standard PDF files.   You don’t know how many times I’ve been bitten by the hassle of dealing with NON-standard PDF files.   I mean, it is not like PDF file formats are a proprietary file standard or anything.   If everyone did this I definitely wouldn’t need to have those 37 different PDF readers on my system.   Phew, another good save USPTO!

Not to brush off the fact that they also support the modern .ZIP compressed files, mega tables (when normal tables just won’t do), and the ever-present etc submissions.   But hey, let’s face it standard PDF files are a big deal.

USPTO Standard PDF Files
Good thing the USPTO supports STANDARD PDF files. Those non-standard PDF files are a bitch.

Java Apps That Shine

OK, enough of the sarcastic wit.   In reality the USPTO does have one thing that is useful here.   They do allow the normal scum-of-the-Internet, people like me, to file a patent without having to fax and mail documents to become a registered user.   That is truly a good thing.   It allows me to gain access to the modern forms interface that would only be possible with a solid Java app like the one they have running on the site.

The beauty of the Java interface starts to shine right from the first form.    Things like required form fields marked with a asterisk, helpful information circle graphics with off-color backgrounds, and compression artifacts in inline graphics would not be possible with the basic forms system and CSS of vanilla HTML.    I don’t think the random mix of proper-case, uppercase, camel case, and mixed case would be possible – at least not without a TON of extra work – with standard HTML.    Just take a look at all this modern form interface elegance that could only be viable by standardizing on Java forms!

USPTO Java Elegance In UI
Interface design examples that could only be possible with a modern Java app. Look at those gorgeous info icons… only possible in Java!

Java Security

Add another bonus point for USPTO security.   Thankfully they have made sure that all form inputs are cleared whenever you go back to a previous form.    I’m not talking about using the back button on your browser here, we all know better than that, I mean baked RIGHT INTO THE APP.  How cool is that?   Fill out a form and miss on of the 39 steps including 12 hidden checkboxes and the form is automatically cleared for you to start over.   Don’t want to influence you with past answers, after all they were WRONG the first time you filled out the app.

I also like the fact that the tabs are completely locked down unless you are on that particular step of the process.   It is a huge security hole to allow people to just jump around all willy-nilly like and navigate to any part of the interface.     If you are on the step where you are supposed to be reviewing your documents that is ALL you should be doing.    It has been proven that people are easily distracting and being able to click a tab for a previous step only increases the likelihood of distraction.    Thankfully the USPTO prevents that and makes sure that no matter what tab you click you always are shown only the current page you are supposed to be on… often cleared of all the data you were entering just to ensure you start with a clear mind!

 

A Lesson In Usability

In all seriousness, I truly appreciate what the USPTO has done here.  It serves as a shining example of how to serve your customer base.    Next time you are about to embark on a new web interface design, PLEASE visit the USPTO site.    Pretend you are someone that is wanting to file a new patent and go through the process.    Take note at how easy the interface is to use, how many times the user starts cursing, pulling their hair out, and throwing their mouse across the room.    Or take the shortcut and try it on a tablet, which will definitely bring you to the final analysis a lot faster; I reckon within 3 minutes of doing so.

Then take a deep breath and think about your new project.    Think about all of the things you DID NOT do to your customer by avoiding all of the user experience elements the USPTO brought to the table.

Go back to your design and think… “how can I make it simpler”.

I know it is difficult to see a user experience that you’ve been working with through a “fresh set of eyes” , but take the time to do so.  Introduce new people to the experience and listen to their feedback.    I’ve been doing the same thing with my site and every time I go through the process I always find something that I realize “wow, that is a pain in the ass” and try to make it a better experience for the user.

At least I can take solace in knowing no matter how convoluted my user experience is on my site or in my products they are light years ahead of the multi-million-dollar EFS system the USPTO cobbled together.

But hey, they do recommend IE 4 and Netscape Navigator 4… maybe I should go back and test with the recommended browser versions.  Maybe I’m missing something!   Does anyone have a Windows ME computer I can borrow?

USPTO System Requirements
USPTO keeps things real with browser and OS support we can all afford to keep up with.
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Beware : GeoTag Patent Trolls Lurking

GeoTag Patent Troll Banner

Well, it finally happened.    Today I received a letter from an attorney advising me that the infamous Google Maps patent troll has finally landed in the Store Locator Plus neighborhood.   While the letter seems to indicate that the action is being taken against a company with a WordPress site that happens to use one of my plugins (among many others), I can only wonder how long it will be before the notorious “GeoTag Inc” troll comes crawling under my bridge and starts demanding ransoms from Charleston Software Associates or any of my customers.

Not that my plugins are anything special to warrant attention.   The core technology is based on the readily available sample code provide by Google for the Google Maps API.  It is public domain code that has been used in HUNDREDS of mapping themes, plugins, and even proprietary products.  It does not live in just my plugin, WordPress plugins, or even just Google related products for that matter.

GeoTag, Inc., however, feels they have a US Patent (US Patent Number 5,930,474) that means that ANY website that has a map showing locations of ANYTHING on it is using their patent and that they are due some form of compensation.   While I’m not a patent attorney, it seems as though Google and Microsoft both feel like GeoTag Inc. has an invalid patent that they are using as today’s favorite method of extortion: patent trolling.   In fact, Google and Microsoft filed for a declaratory judgement against GoeTag, Inc. a few years ago trying to get an injunction on the practice. Companies that don’t have the resources to fight the legal battles, are just a little less informed and are tricked into thinking they may have done something wrong, and others that just would rather pay up & move on to managing their business all have been caught in the patent troll trap.

Personally I despise the patent system, even though I’ve contemplated using it.  So much so that I’ve filed some provisional patents myself.  IMO the patent system is just plain broken when it comes to technology, ESPECIALLY software related technology.    I am also a very big fan of winning business and monetary rewards by doing your job better than anyone else.  Not by suing the crap out of people that are better at doing something than you are.      Patent trolls quickly move from having had some expertise in a field, such as geo-location software, to being nothing more than experts in litigation.   Just smart enough to be a pain in the ass but not smart enough to contribute to society in a meaningful and productive way.   Just enough ambition to get in the way, but not enough ambition to actually do something useful.    In other words, smart and lazy.  The worst possible combination of traits there can be.

In the case of GeoTag, Inc. it is even worse.  They created and invented NOTHING.   They are in business solely in the industry of being a “Patent Troll”.    This has become so prevalent that I’m pretty certain the US Government has a new North American Industry Classification (NAICS) just for this type of business.   GeoTag, Inc. has purchased patent portfolios for the sole purpose of “suing the crap out of people” and collecting on the patents.    They even created the fictitious name “GeoTag, Inc.” to make it “feel’ more like they actually built or created or have some other legitimate purpose related to geo-location technology.    I guess “Pa-Troll, Inc.” would not have sounded as “techie”.   Probably a good marketing move on their part.

Interestingly, GeoTag, Inc. sent out HUNDREDS of patent violation letters through their hired guns to try to raise even more cash, or more accurately the PERCEPTION of potentially more cash value in their portfolio of patents so they  could go public.   They filed with the SEC in 2010 to become a publicly traded company but then withdrew the request 18 months later in 2011.     The amazing part is that along the way they are trying to pretend they are a technology company and pretend they actually created something when their very well documented historical path shows they have done nothing but build a patent portfolio they use to employ teams of attorneys to collect revenue from companies that are actually creating value.

I think the history of the founders of GeoTag says it all.  Direct from the GeoTag Inc. website:

Chief Executive Officer, Director and Inventor John W. Veenstra … served as CEO and Chairman of Cityhub.com, Inc., a privately held patent holding company.

I guess I should not be surprised that John’s personal website attempts to inject a virus via a Mass Injection attack that can perform keylogging and website redirects.

John Veenstra Attack from Website
John Veenstra Attack from Website

In the meantime I will let things take their course, continue to develop ever improved products, and try to make for a better experience for everyone by refining, improving, and expanding the software systems that makes life easier for my clients and their customers.

References

The First Letter

McDermott Will & Emery Letter Re Frontier Comm Corp (pdf)

Foss Patents : Microsoft and Google jointly sue GeoTag, Inc.

Google and Microsoft have joined forces to take down a Texas company’s geotagging patent that they claim has been used in lawsuits against more than 300 entities, many of which are customers of the two companies. Microsoft and Google want to protect Google Maps and Bing Maps against this kind of activity.

http://www.fosspatents.com/2011/03/microsoft-and-google-jointly-sue-geotag.html

Law 360 : Microsoft Settles Map-Service Claims In Ongoing Patent Suit

Law360, New York (May 14, 2013, 7:29 PM ET) — GeoTag Inc. has agreed to drop claims that Microsoft Corp.’s Bing Maps service and other map-related products infringe the nonpracticing entity’s store-locator patent, according to a stipulation approved Tuesday that said the parties would continue litigating other claims.

http://www.law360.com/articles/441471/microsoft-settles-map-service-claims-in-ongoing-patent-suit

The Patent Examiner: GeoTag Searches for More Local Search Engines To Sue

So far, none of the company’s 20 cases has closed or gone to trial.  Attorney Joe declined to say how many licensees the company has garnered through litigation.
In March of last year, Microsoft and Google, usually fierce rivals, filed an unprecedented joint lawsuit against GeoTag, seeking to knock out the company’s patent. The complaint said that GeoTag’s suits “have placed a cloud on the Plaintiffs’ web mapping services” because many of the defendants are their customers. That lawsuit is still pending.

http://patentexaminer.org/2012/02/geotag-searches-for-more-local-search-engines-to-sue/

Microsoft and Google v. GeoTag Inc.   May 2013 Claim Construction

http://www.ded.uscourts.gov/sites/default/files/opinions/rga/2013/may/11-175.pdf

BizJournals San Jose : Trolls file most patent lawsuits in 2012

LexMachina said that four of the top five patent litigants in its study only use their intellectual property for licensing and litigation. They were Arrivalstar, TQP Development, GeoTag Inc, Pragmatus AV.

Only one of the top five, Brandywine Communications Technologies, was classified as an operating company.

http://www.bizjournals.com/sanjose/news/2013/04/09/trolls-filed-most-patent-suits-in-2012.html