Patenting

[guk6kk]

Hello,

I have checked the patenting website and it seemed very boring to read. I would like to patent my idea and trademark the name of a website, so when it becomes famous I wouldn't want people to make cloned scripts and sell it.

So anyone interested in sharing briefly their knowledge?

Thanks

[beley]

If you don't have the time to read through the documentation on their website, I'd highly recommend you consult with an attorney. There are also software packages and "kits" you can buy, but I'm not sure how much I'd trust a $19.95 patent kit.

[someonewhois]

IANAL, but I don't think you can patent an idea to the extent that clone scripts can't be created. Otherwise the concept of an operating system, office suite, music video script, messenger, web browser, etc. would be patented and there'd be zero competition. You can only patent specific technology, and you need to have a working example before you can apply for the patent.

There's also a huge possibility that your idea is already patented considering how many patents are issued by patent squaters.

[webmasterlabor]

So you don't waste your time, try ipalert. It's an online service that notifies you re your patent's development and competitors' moves.

[beley]

The US patent system is broken - seriously broken. There are patent sharks getting simple patents - patents that never should have been granted in the first place - and suing companies like crazy.

Someone patented basic online ordering... nothing more than a process of plaing an order online. No code, no technology - just an idea of placing an online order. They're trying to extort money out of small e-commerce store owners, and are making hundreds of thousands.

I think the entire patent system needs to be rethought, and revamped.

[someonewhois]

The US patent system is broken - seriously broken. There are patent sharks getting simple patents - patents that never should have been granted in the first place - and suing companies like crazy.

Someone patented basic online ordering... nothing more than a process of plaing an order online. No code, no technology - just an idea of placing an online order. They're trying to extort money out of small e-commerce store owners, and are making hundreds of thousands.

I think the entire patent system needs to be rethought, and revamped.

Yeah, well, it looks like the overhaul is closer than expected.

http://yro.slashdot.org/article.pl?sid=06/01/10/1717224
http://yro.slashdot.org/article.pl?sid=05/10/07/1534255

Some other related articles I found while searching for those two links:
http://yro.slashdot.org/article.pl?sid=06/01/03/1816219
http://yro.slashdot.org/article.pl?sid=05/12/05/2226227

[flyingpylon]

You can't patent an idea, only the specific application or method used to implement that idea. The patent process is very long... from the submission of your application to the time a patent is awarded can take about three years.

I was awarded a patent for some work I did for a former employer. Of course they paid for some very high-priced lawyers to prepare and submit the application, and based on my experience with the process I don't think I would want to try it myself.

[beley]

You can't patent an idea, only the specific application or method used to implement that idea.

I wish that were completely true. It's true in theory but rarely in application. I've seen several patent disputes that came down to really simple ideas that virtually every site on the Internet incorporates.

[Ted S]

Regardless of what you can exactly patent the process, when done correctly (and thus accepted) is not simple or cheap. You are looking at tens of thousands of dollars in likely legal costs between writing the filing, doing the research, examining the prior acts and defending the patent after it is granted. While some companies have been able to obtain relatively broad patents (like one-click shopping) it is rather hard to patent a script or anything like it. You can certainly speak to an attorney about patenting your unique process but what you do must be novel and new and not just the next step in the evolutionary chain of the internet. Furthermore, if there is anything related out there already you will pose a serious challenge.

The trademark however is far easier and something you can hire an attorney or service to do or do yourself. Should you choose to do it yourself you will have to read all of the boring text and then some. While relatively simple, trademarks are not guaranteed. File incorrectly and you can lose your money and be denied. File with the wrong type of language and your trademark can become useless. It is always best to consult legal advice but if you want to save the money just go to www.uspto.gov and fill out the form.