Can I patent or copyright this?

**kindafishy** · 07-15-2008 08:23 AM

Hey All,

I have a business process that I would like to protect. It is possible to do this? For example, say that I have figured out a better way to sell cars that is unlike any existing method of selling cars. How can this be protected, so that some huge entity cannot swoop in and grab the concept?

Thanks!!!

**bizdev** · 07-15-2008 09:12 AM

You can trademark the business name and brands and copyright your website and any written materials regarding your business, but this is America...competition is the name of the game.

The most you can hope for is to be able to be the first to get it out there. And then if someone else "copies" your concept, you have to be sure you're doing everything better.

**rogercbryan** · 07-15-2008 10:42 AM

Originally Posted by kindafishy

Hey All,

I have a business process that I would like to protect. It is possible to do this? For example, say that I have figured out a better way to sell cars that is unlike any existing method of selling cars. How can this be protected, so that some huge entity cannot swoop in and grab the concept?

Thanks!!!

You have not figured out a better way to sell cars... not to burst your bubble.. but I've been in this industry 10+ years... car sales have been the same for the past 50.... I'm all ears.... you can not protect an idea so to speak... you can only protect a process or product that is developed. This is based on my experience of applying for a preliminary patent for a product.

If you do by some strange chance actually have a new idea I work with the second largest auto auction in the world... and the largest auction finance broker... they would be the people to take it to.

**kindafishy** · 07-15-2008 12:12 PM

Originally Posted by bizdev

You can trademark the business name and brands and copyright your website and any written materials regarding your business, but this is America...competition is the name of the game.

The most you can hope for is to be able to be the first to get it out there. And then if someone else "copies" your concept, you have to be sure you're doing everything better.

Branding is probably protected by prior-art though, isn't it?

Sure. Understood in regards to competition. Competition is great. Someone will borrow from me and innovate in some way I am not considering, and I can end up borrowing back from them.

I don't want to really be the 'only' game in town because there is a fundamental concept underlying what I am formulating that I believe in as a general movement. I want it to happen with or without me, but I would like to be part of it.

I actually don't know whether or not I am the first, and frankly, I don't care

. Whatever someone else is trying, what I have up my sleeve will blow it away.

**bizdev** · 07-15-2008 12:30 PM

Originally Posted by kindafishy

I actually don't know whether or not I am the first, and frankly, I don't care

. Whatever someone else is trying, what I have up my sleeve will blow it away.

I love that attitude! I hope you do pull it off!

And as for Roger's comment that car selling hasn't changed in 50 yrs what about Car Max? Granted it's not hugely different, but they tried to shake things up. And what about the Internet? Shopping for cars has certainly changed. Maybe the actual process of buying a car still hasn't changed much, but that just goes to show, it's time for someone (fishy?) to come up with something new and innovative.

**kindafishy** · 07-15-2008 12:43 PM

Originally Posted by rogercbryan

You have not figured out a better way to sell cars... not to burst your bubble..

"For example, say that I have figured out a better way to sell cars" - if I ever do figure out a better way to sell cars, I will come see you first!

you can not protect an idea so to speak... you can only protect a process or product that is developed. This is based on my experience of applying for a preliminary patent for a product.

I am not sure that I can protect any of the processes involved. The product is going to be a web site that provides access to community and professional services. I have opportunity for four revenue streams that I can think of right now (but I have only been mulling the idea over for two days yet).

What are some examples of processes that have been protected by other companies?

**rogercbryan** · 07-15-2008 03:44 PM

Ugh... a web based product for the sale of vehicles.... I've seen more of these come and go over the past 5 years.... I've even seen a $100M failure in the past 12 months... from the basic list and sell.. to auction formats... to broker call/put sales... To online video sales... I can't imagine what you have in mind.

To patent a process you will need some sort of analytical computer based system that could be considered proprietary to its creator. This is so hard to do that other then Manheim, Copart, eBay, AutoTrader and other billion dollar companies I have not seen anyone else crack this market with a NEW product. It's always 99% the same with one small change.

**dtechm** · 07-15-2008 04:00 PM

Yes I would think just starting it and having enough money to make sure and get your name out there. So then some other punk decides he wants to do the same thing. I hate it when that happens.