[Note: this is a paper prepared for a graduate course in the IAKM program at Kent State University.]
What is the first step an information architect or web designer makes when designing a web site? Designers are often worried about principles such as giving users control, being consistent, providing feedback, or not relying on users’ memory (Dumas). Or, they are mentally checking off any one of a thousand “top ten mistakes†lists available in books and on the web. They may even start by discussing requirements with clients or conducting usability tests. But chances are, they aren’t at the US Patent Office web site. The last thing most information architects and web designers think about before creating a web site is doing a patent search. And this is becoming a big problem.
The introduction and explosion of software and business method patents relating to website design features presents a major problem to those who design sites, and designers and companies find themselves in three positions: ignorant of the issue, caught up in the “defensive†patent race themselves, or perhaps ultimately paralyzed and unable to continue work.