[domjuan20]

Hello all,

My name is Dominique, and I actually just joined this site... This is my first post, and I'm hoping that I get some responses as this is an issue that I am facing right now and would like to get some thoughts on it. I am not creating a physical product, but more a new method for conducting a business process that has been in place for a LONG time. Basically I'm changing the process from having to be done "in person" to being able to be conducted "via the internet." What I would like to know is whether or not it is worthwhile to patent a website that accomplishes this? I know that a utility patent can be used to protect new business processes, but I'm wondering if it is actually effective when applied to internet versions of conducting business. I ask because I see so many sites out there like Google, who have counterparts like MSN search, and Yahoo search, and the like or Youtube and Myspace Video, and all the other video sharing sites... I mean, is it just that none of these companies decided to get a patent for their ideas or is it just that easy to get around a patent? Is it really worth hiring a lawyer to patent a website idea (unique though it may be)??
The other question that I have, though perhaps not as internet related, is: How long, after filing for the patent, should I wait before launching the site? Is it good enough to simply file the patent documentation with the USPTO and then put "Patent Pending" on my site when I launch it? Is that going to stop someone from stealing my website idea? I ask this because if I go ahead with this patent, then my website and my patent should be finished at about the same time and I am wondering if I should launch the site as soon as I finish filing the patent with the USPTO. Any thoughts you might be able to share would be greatly appreciated...

Thank you,

Dominique

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I am not sure that you have a patentable concept there. I advise that you speak with an attorney to determine whether it is even patentable.

[domjuan20]

I actually have spoken to an attorney, and it is patentable. I've already conducted a patent search as well. I didn't really discuss in too much detail what my idea is because, well, I haven't patented it yet... :-)

[akula]

Originally Posted by domjuan20

I actually have spoken to an attorney, and it is patentable. I've already conducted a patent search as well. I didn't really discuss in too much detail what my idea is because, well, I haven't patented it yet... :-)

Sure..patents..ok, no, normally it's bad for startups to invest in patents. You're not in a position to defend the patent, so therefore you don't need it...this discussion is a dead horse. The only time I would recommend you to get a patent is if you had an LOI from a licensee opting to pay you royalties for the damn thing.

[2gould]

"Method" patents have been the new rage but they are easily worked around and the courts are now looking at them with a skeptical eye. According to my IP attorney friends, method patents are so common now that, for the most part, they are being viewed as a big joke.

Also, what Akula said is correct, if you can't spend the money and time defending the patent you have a problem regardless. In terms of the "patent pending" issue, people know that "patent pending" doesn't mean much so I wouldn't worry about it.

Just my opinion...

[domjuan20]

Thanks a lot for all your responses... I'm pretty sure my investors are going to want me to get a patent, although I don't think it will help much either. Jeez... What's the point of having patents if they don't protect anything? :-(

[akula]

Originally Posted by domjuan20

Thanks a lot for all your responses... I'm pretty sure my investors are going to want me to get a patent, although I don't think it will help much either. Jeez... What's the point of having patents if they don't protect anything? :-(

good question. patents are instruments designed for customers other than small businesses (i.e. governments and multinationals)

btw: if you're a good ceo who cares about maximising the wealth of your shareholders, you will advise your financiers to abandon the patent decision..alternatively, if you do go down the patent road, it's your ass which is gonna be on the line later down the track

don't worry about all this IP stuff, get excited about closing sales instead

[2gould]

The ultimate question is, not "can" we patent the concept but rather "should" we patent it...If your patent is going to be easily worked around then what's the point. Also, depending on how complicated your idea/concept is, patent applications can run into the 10s of thousands of dollars. My buddy's firm just did a patent application that cost 30K. My point being, weigh the utility of the patent carefully and factor in the costs.

I am not against patents and other IP protections; however, I am saying do a careful analysis beforehand.

Good luck

[vvxiao]

yeah, patent is important but we must do some carefully research. learn to protect ourself!