patenting - need advice/question

ilcp

ilcp

ilcp

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I together with a friend am starting this business (website/app) but he has just told me that it cant be patented so no one else does it? but he also said that facebook have patented.. so surely if they can patent the functionality we can?

So basically what I would love to do is to make sure what we are bringing out, no one else is able to? Can this be done?
 
Get a patent lawyer on board, that is the only way to be sure.

from your description it sounds like facebook already own the patent to the idea so there is not much you can do.
 
The patent system is a farce. I wouldn't bother unless you have £xx,xxx+ to **** away.

Everything successful gets copied. International boundaries make it very difficult to deal with.
 
From the little I've discussed with people at work, you need incredibly specific wording to really make your patent worth it, and you have to make sure you cover ALL possible bass, so use a patent lawyer.
 
It depends on what you're trying to patent - some things can be patented and others can't. If your idea is fairly generic i.e. a webstore then you can't/shouldn't be able to patent it, if it's an entirely new technology for said webstore that does something fundamentally different and is novel/innovative (that is to say not the obvious/only way of achieving something) then you probably can patent it.

fini on these forums is involved in intellectual property law so might be able to help but remember that IP law is complex so he may not be inclined to give much (any) advice for free.
 
OP said:
So basically what I would love to do is to make sure what we are bringing out, no one else is able to? Can this be done?
Click to expand...

I mentioned this subject to one of our Senior legal types over lunch earlier today when we were talking about something else entirely (engaging Consultancy firms as a Bank if you care which you don't, it's very messy) and her words, paraphrased, were, "Yes, if you have the money to try to implement and to defend this, which no one realistically does."

She doesn't specialise in IP Law and the above is not legal advice but might help re-sight your outcome expectations.
 
I have a patent pending for a physical product, it is bloody hard work and takes upto 4 years to get a worldwide patent. You start by patenting the product in one country and then apply for worldwide status.

Patenting an internet functionality would be almost impossible for a start up, the only way is to make the site really good so that other people want to use yours, not the other versions which will spring up if it becomes successful.
 
You only need to get to patent pending to protect your idea, but even that costs a couple of thousand and I think needs renewing annually.
 
thank you guys.. sorry didnt get a chance to say thanks before. :)

This is my best bet: get ahead of the game and be as good as possibly I can be..
 
[FnG]magnolia;23984549 said:
I mentioned this subject to one of our Senior legal types over lunch earlier today when we were talking about something else entirely (engaging Consultancy firms as a Bank if you care which you don't, it's very messy) and her words, paraphrased, were, "Yes, if you have the money to try to implement and to defend this, which no one realistically does."
Click to expand...

My thoughts exactly.
I've looked at patenting in depth.
In general, even if you have an active patent which is infringed upon, you will need the money to defend your idea in a Court of law. If another company copies my idea and is getting rich off of it, if I don't have money to bring the case to Court, then the patent is next to useless.
Furthermore, you will also have the spend £1000s on getting the patent passed.

The likes of Apple are patent kings. The difference here is that they have a huge department devoted to patents, who can spend all their time checking through patents and fighting copycats in Court.

There is one area though, where patents for start-ups "may be" worth it. And that is if you are seeking investors. Investors may be more inclined in investing in your idea, if you have a patent passed or pending.

For an internet start-up with limited funds, I cannot advise going the patent route unless you have a very specific reason (eg. an investor has agreed to invest, but only if you get your patent granted). Personally, I'd much rather spend my time/money/resources improving the idea and building up a user-base.

The decision is something which the directors of the company/idea have to make. There is no absolute wrong/right decision.
 
The other thing to bear in mind about Patents is the difference between UK and US.

Here in teh UK, you generally cannot patent a business process eg "Single-Click" web purchase but in the US you can.

As others have said though, you need deep pockets if you are taking patenting seriously, other than treating it as just a badge to flash at investors.
 
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