ATOT tycoons- is there any way to protect a business model?

[brblx]

i mean, you can patent, you can trademark, et al, but that protects inventions, logos, ect...

if you feel you have a thus-unexplored idea that could be very lucrative, is there any way to protect it, assuming it uses already established devices and methods?

basically, my fear is that i bring a pitch to someone (let's just pretend it's the 90's and i want to start netflix), and they have no reason to not just implement it themselves. or i start my netflix service, and a week later blockbuster has dumped millions into an identical service to eliminate me with their bankroll.

hell, like all things, this can even be boiled down to a seinfeld reference- did kramer have any case against CK for stealing the 'beach' cologne from him? i mean, unless they stole a patented scent (with formulas and molecules and zygotes and whatnot (ok not the last one)), he wouldn't be able to do shit, right?

 

[brblx]

and i'll put the first 'YOU'RE A JACKASS IT'LL NEVER WORK DO YOUR OWN RESEARCH' post.

there, out of the way.

 

[Newbian]

I don't believe you can do that with only a idea but you can if you can prove it is something that can work and is something not done before.

Quick google found me this:

a federal appeals court ruled that you can patent a business method if it produces a “useful, concrete and tangible result.”

To receive a patent, a business method needs to meet the same tests as any other invention — namely, it needs to be useful, novel and non-obvious.


“Useful” means that the method has to actually exist and work. “Novel” means that no one can have done it before. “Non-obvious” means that you get new and unexpected results from it.

 

[brblx]

I don't believe you can do that with only a idea but you can if you can prove it is something that can work and is something not done before.

Quick google found me this:

i googlefailed, i guess. got a link?

i found some lengthy language, but nothing that i could make concrete sense of. the definition in your source seems logical, and i think 'useful and concrete' is easy (basically, start the business and prove that it works).

but that last one, geez. aren't the best ideas ALWAYS obvious? 😉

 

[Matthiasa]

They are always obvious after the fact. 😛

 

[RbSX]

The best way to patent a business model is to do it better than everyone else.

 

[Red Squirrel]

Safest bet is don't talk to people about it. If you are seeking help, only mention part of it, not the whole thing.

 

[alent1234]

If its s cool idea like netflix chances are the big corps won't copy it because they have herds of mba's to tell them how it will hurt their business

See blockbuster, Microsoft, dell, Intel and a long list of others that missed major tech changes

 

[brblx]

last two posts have totally echoed my thoughts; my concern is that, well...i'm poor.

short term profits may be enough to get me going, but ideally this is the type of idea that would work best when partnered with a larger company. like, say, a cel service or other 'boutique' item in a large store (or option B....open a chain of tiny boutiques).

 

[Newbian]

i googlefailed, i guess. got a link?

i found some lengthy language, but nothing that i could make concrete sense of. the definition in your source seems logical, and i think 'useful and concrete' is easy (basically, start the business and prove that it works).

but that last one, geez. aren't the best ideas ALWAYS obvious? 😉

Here is a better one I found:

http://www.ehow.com/how_5986335_patent-business-model.html

 

[nanette1985]

The strongest protection is to structure your idea so that you are the best person to implement it.

After that, you don't really patent/protect the idea. You protect the parts of the idea that are patentable, copyrightable, trademarkable, etc. Remember that there's no magic to patents, copyrights etc - they give you the right and responsibility to monitor the marketplace and then persue people who are violating what you think are your rights. If you don't actively and aggressively throw lawyers at offenders, you lose your protections. It's a game, and it takes people who know the game to play it at its finest. In practical terms, that means the better lawyers win - the most expensive ones.

The best real-world protection for a good idea is the fact that 99 per cent of people aren't going to do the work needed to implement that idea, no matter how good it is.

 

[DominionSeraph]

http://en.wikipedia.org/wiki/Competition_law

If you had the idea of "selling food to people" you're not going to be able to stop others from opening restaurants.

Talk to a lawyer. You can probably get protection from prospective investors stealing your idea with an NDA or something. But you're not gonna be able to stop someone from competing with you using the same model.

 

[brblx]

right, it's more of a protection during investigating, financing, and initial startup that i would be seeking.

admittedly, i am simply afraid of big businesses. i will call them stupid all day...but a big lot of people that can buy and sell your sorry ass outweigh any corporate dumbassery.

some of you have been quite helpful and i think i have the direction i need. much appreciated. i will probably just work on a solid, working model on my own, doing research as required, and then speak with a lawyer.

if anyone read my 'other' law thread...hey, at least i have an attorney with business and financial experience. he can probably point me in the right direction. that crap's still hanging, by the way, we havn't even filed suit yet. been struggling monetarily, obviously, plus some severe mental breakdowns and whatnot. fwi govt does not buy my expensive 'dont go crazy' pills, a private donor has to. america fuck yeah.