Question
Kickstarter is a web-based funding platform for a wide variety of creative projects, including those relating to music, film, art technology, design, food, and publishing.
Kickstarter is a web-based funding platform for a wide variety of creative projects, including those relating to music, film, art technology, design, food, and publishing. ArtistShare assists artists in acquiring funding to produce creative works by marketing their projects directly to individuals and entities interested in the projects. ArtistShare's '887 Patent, entitled "Method and Apparatuses for Financing and Marketing a Creative Work," claims "a system and method for raising financing and/or revenue by [an] artist for a project, where the project may be a creative work of the artist." Claim 1 of the patent, as arepresentative claim, has the following relevant limitations: (1) a computer operating either on the Internet or other network with access to a server; (2) providing software tools with a suite of features allowing management of one or more creative projects; (3) making certain types of offers associated with the project in exchange for funds for the project; (4) facilitating the acceptance of offers by fans; (5) storing contact and marketing information of those who have accepted offers in exchange for funds in a database; and (6) providing software tools that enable and control the exchange of information with a fan through the database. Kickstarter challenged the validity of the patent
- Based on the information provided, does the '887 Patent recite additional elements that integrate an abstract idea, law of nature, or natural phenomenon into a practical application and, if so, do the additional claim elements represent merely well-understood, routine, or conventional activity?
- Based on the foregoing, should the '887 Patent be invalidated?
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