Can I patent my idea?

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watdahel

watdahel

Golden Member
Jun 22, 2001
1,661
12
81
www.youtube.com
I've got this great idea for a useful community website. I grin to think the millions I can make off it. This idea is so awesome I can't divulge any details. It's so good Microsoft will buy me out for $10 billion.

It's a free, subscription-based website. So, the people will determine its success and usefulness. The more members the better for all. It's a novel idea it's top secret.

I can start the website immediately but I fear it will be copied by other established websites and I will be left in the dust before I gather enough membership to really compete.

I want to patent my idea or concept. Are ideas and concepts patentable?

This is not my idea:

For example. Let's say it's the early 90's and the web is still a baby. One day I had a great idea to create an auction website. It's never been done before. I'll call it ebay. Could I patent the idea of auction websites?
 
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axelfox

Diamond Member
Oct 13, 1999
6,719
1
0
what about yahoo's auctions? they suck, but did exist, and probably w/o infringing any patents.

you're probably looking a business method patent. you need to talk a patent attorney or patent agent who has experience in the area to see if you have a viable idea.
 
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bullbert

Senior member
May 24, 2004
717
0
0
Originally posted by: erwin1978
I've got this great idea for a useful community website. I grin to think the millions I can make off it. This idea is so awesome I can't divulge any details. It's so good Microsoft will buy me out for $10 billion.
Click to expand...
Wow. Your naivety is laughable. Microsoft does not buy things. They steal the tech, and then counter sue.
 
T

TheoPetro

Banned
Nov 30, 2004
3,499
1
0
Originally posted by: us3rnotfound
Whatever it is, it probably exists already.
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more than likely this will be true. Good luck though. Your "top secretness" makes me wonder if your idea is really good or if its the ramblings of some 18yr old who hasn't hit the real business world yet.
 
Safeway

Safeway

Lifer
Jun 22, 2004
12,075
11
81
Originally posted by: mundane
<div class="FTQUOTE"><begin quote>Originally posted by: erwin1978
It's a free, subscription-based website. </end quote></div>

Aren't those two models generally mutually exclusive?
Click to expand...

I think he means that it is a free, account based website. But yes, subscription implies a fee.
 
Whoozyerdaddy

Whoozyerdaddy

Lifer
Jun 27, 2005
19,216
1
61
I don't think you can patent a concept. A patent involves something tangible.

You can copyright what's on your website but that won't stop anyone from taking your idea and improving on it.
 
G

George P Burdell

Lifer
Aug 25, 2004
11,151
1
81
Originally posted by: erwin1978
I want to patent my idea or concept. Are ideas and concepts patentable?
Click to expand...

Sure. The patent system is so messed up that you can patent anything with enough money.

Originally posted by: Regs
I discovered a new type of porn. And i'm not telling you jack.
Click to expand...

Sorry, nobody cares about your midget clown porn. :p
 
Q

QED

Diamond Member
Dec 16, 2005
3,428
3
0
My best friend is an IP lawyer and we've talked for hours and hours about the intersection of intellectual propertly and IT. All of the following is based on my conversations with him over the last year or so-- and I might be mistaken so take it all with a grain of salt.

First of all-- you cannot patent an "idea". A patent doesn't necessarily require something tangible, but it has to be more than just an "idea".

Business models can be patented-- but it has to be something novel and non-obvious. Novel means that you can't simply take a different business model that sells X, change it so that it sells Y instead, and call it a new business model. Also, mere combinations of others' ideas (i.e. already established business models) are not patentable. Simply taking an existing business model and saying "we're doing it online" is not a novel or non-obvious idea.


It is very hard to actually come up with a genuinely new and novel business model. Even if you are granted a patent for your model, it would be very difficult for you to fight a protracted legal battle to prove the legitimacy of your patent should you decide to sue a competitor (or they decided to sue you).

The bottom line is this-- if you have an idea for a new website, get it set up so that it can hit the ground running and take off before competitors get a chance to copy your business model.
 
S

Special K

Diamond Member
Jun 18, 2000
7,098
0
76
If your idea is so simple that merely posting some details on a public forum would enable one to immediately go out and compete against you, then I'd bet the idea wasn't that good to begin with.

So what exactly is your idea? ;)
 
T

TheGizmo

Diamond Member
Dec 31, 2000
3,627
0
71
Originally posted by: George P Burdell
<div class="FTQUOTE"><begin quote>Originally posted by: erwin1978
I want to patent my idea or concept. Are ideas and concepts patentable?
</end quote></div>

Sure. The patent system is so messed up that you can patent anything with enough money.

<div class="FTQUOTE"><begin quote>Originally posted by: Regs
I discovered a new type of porn. And i'm not telling you jack.</end quote></div>

Sorry, nobody cares about your midget clown porn. :p
Click to expand...

thats the oldest idea in the book... the new pr0n is the well sorta like fisting but it involves a surfboard... erm thats about all i can tell you... if i told you anymore... well, id have to kill you
 
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patentman

Golden Member
Apr 8, 2005
1,035
1
0
<div class="FTQUOTE"><begin quote>Originally posted by: erwin1978
I've got this great idea for a useful community website. I grin to think the millions I can make off it. This idea is so awesome I can't divulge any details. It's so good Microsoft will buy me out for $10 billion.

It's a free, subscription-based website. So, the people will determine its success and usefulness. The more members the better for all. It's a novel idea it's top secret.

I can start the website immediately but I fear it will be copied by other established websites and I will be left in the dust before I gather enough membership to really compete.

I want to patent my idea or concept. Are ideas and concepts patentable?

This is not my idea:

For example. Let's say it's the early 90's and the web is still a baby. One day I had a great idea to create an auction website. It's never been done before. I'll call it ebay. Could I patent the idea of auction websites?</end quote></div>

<--------------------- Patent Professional (NOT a lawyer... yet)

In general "ideas" and "concepts" per se are not patentable. That said, there are a number of ways such ideas and concepts can be packaged so that they are patentable. Chances are your "idea: can be repackaged as a business method and patented in that form.

Some quick and dirty recommendations:

1. Do not publically disclose your invention at any time if you think you may want to retain the ability to patent your invention in Europe and Japan, as they have absolute novelty requirements that would bar patentability the instant such disclosure is made.

2. If you do publically disclose your invention or publish it, make note of the date you do so. You have 1 year from the date of initial public disclosure to file a U.S. patent application drawn to your invention. If you file 1 year and 1 day later, your disclosure becomes a statutory bar to patentability.

3. Discuss your options with a registered patent attorney. Most matters you discus with an attorney are privileged from disclosure to 3rd parties, so you can describe your invention to them without fear of reprisal, assuming you are reasonably careful to keep such communications confidential. I can provide lawyer recommendations if necessary.

4. PM me if you have more questions.



 
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patentman

Golden Member
Apr 8, 2005
1,035
1
0
Originally posted by: erwin1978
For example. Let's say it's the early 90's and the web is still a baby. One day I had a great idea to create an auction website. It's never been done before. I'll call it ebay. Could I patent the idea of auction websites?
Click to expand...

Definitely as a business method

You could also patent the underlying computer program if you claim it in the right way.
 
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patentman

Golden Member
Apr 8, 2005
1,035
1
0
Originally posted by: Whoozyerdaddy
I don't think you can patent a concept. A patent involves something tangible.

You can copyright what's on your website but that won't stop anyone from taking your idea and improving on it.
Click to expand...

You can patent "anything under the sun created by man," including, for example, products, processes, and compositions of matter. You CANNOT patent products of nature, scientific theorems, and mere ideas.

 
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PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
Originally posted by: erwin1978
What prevents a patent lawyer from turning around and steal the idea for himself?
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That would be illegal, discussions between you and your attorney (once you actually hire him to represent you) are privileged and confidential.

Good info patentman. Basically, if you think your idea is legitimately good, you should go talk to a patent attorney. It's not going to be cheap to patent something (properly), but if your idea is for real it would be well worth it.
 
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