So Yogaglo received its patent for the way it films its online yoga classes on Monday.
Yes, one of those things that make you go, “Hmmm.”
On Oct. 7, YogaGlo amended one of its patent applications. Their response to the USPTO’s action acknowledged that the “prior art” the examiner found invalidated YogaGlo’s initial claims, but the amendment slightly revised the claims by explicitly noting that the camera used to record online classes must “provide a participatory view from a height of about three feet.”
“By ‘participatory view’ we mean a view observed by a participant in the rear of the class,” YogaGlo explained in its response.
Amended Patent Application Approved
On Oct. 29, the examiner determined that he could not find any prior art that barred YogaGlo’s amended claim, so he issued a Notice of Allowance and approved the patent. YogaGlo paid the issue fee on Nov. 13.
So far it doesn’t sound very promising for those who oppose YogaGlo’s attempt to patent its obvious “invention.”
But not so fast.
Like the sound of that “But not so fast?” To try to sum up the issue, it is still pretty unclear whether YogaGlo really came up with the “back of class, 3 feet high” video perspective. Other groups — Yoga Alliance doesn’t name them — may have been doing similar types of filming before YogaGlo. If so, that likely would make the patent unenforceable. Here is the key issue on that from Yoga Alliance:
We have learned that video material on YogaGlo’s own website predates its original filing on Aug. 27, 2010 by more than one year, and duplicates the system and method of recording a yoga class that YogaGlo is trying to patent. That video material clearly constitutes prior art that invalidates the claims in YogaGlo’s patent and renders it unenforceable.
For more, here is Yoga International’s piece.
I don’t see any statements yet from YogaGlo.
Update: Not, from YogaGlo, but an “open letter” from Yoga International is right here.
Posted by Steve