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Patenting a website idea

by andynov123
14 replies
If I wanted to patented an idea for a website. Does the site have to be completed first? Also I don't want to wait a year for a patent. Is there a cheap and fast way to acquire a patent. I don't want to have to spend $3000-4000. Do I have options. If so how can I get a fast and affordable patent?
#idea #patenting #website
  • Profile picture of the author WillDL
    You can't patent an idea only a tangible thing. So whatever you want to patent it has to exist. I'm not sure exactly what you mean by patent a website, but If you mean what I think you mean then you are out of luck completey. You can patent an invention, or an algorithm. You can trademark a name or brand. You can copyright a creative work.

    What I think you're trying to say I, "I have a great concept for a website that I think is original and would make money." You can't patent an idea. Myspace can't go after Facebook for being a social network. Fiverr can't patent cheap job listing site.
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    • Profile picture of the author Bill Farnham
      Originally Posted by WillDL View Post

      You can't patent an idea only a tangible thing. So whatever you want to patent it has to exist.
      Actually, it doesn't. What has to transpire is that the idea is fleshed out enough that the legal Description and more importantly the Claims can be written down exactly in Patentese.

      I've worked on projects where millions of dollars have been spent by corporations developing a product only to have the project die because someone who filed the paperwork without the benefit of a physical embodiment was granted a Patent on the same idea.

      ~Bill
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      • Profile picture of the author Rich Struck
        Originally Posted by Bill Farnham View Post

        Actually, it doesn't. What has to transpire is that the idea is fleshed out enough that the legal Description and more importantly the Claims can be written down exactly in Patentese.

        I've worked on projects where millions of dollars have been spent by corporations developing a product only to have the project die because someone who filed the paperwork without the benefit of a physical embodiment was granted a Patent on the same idea.

        ~Bill
        Bill is correct. Sadly, you don't need a fully functional creation to get a patent. Google the phrase "patent troll" for some examples.
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      • Profile picture of the author WillDL
        Originally Posted by Bill Farnham View Post

        Actually, it doesn't. What has to transpire is that the idea is fleshed out enough that the legal Description and more importantly the Claims can be written down exactly in Patentese.

        I've worked on projects where millions of dollars have been spent by corporations developing a product only to have the project die because someone who filed the paperwork without the benefit of a physical embodiment was granted a Patent on the same idea.

        ~Bill
        I stand corrected. I was misinformed.
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        Occasionally Relevant.

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    • Profile picture of the author OrangeBull
      Originally Posted by WillDL View Post

      You can't patent an idea only a tangible thing. So whatever you want to patent it has to exist. I'm not sure exactly what you mean by patent a website, but If you mean what I think you mean then you are out of luck completey. You can patent an invention, or an algorithm. You can trademark a name or brand. You can copyright a protected work.

      What I think you're trying to say I, "I have a great concept for a website that I think is original and would make money." You can't patent an idea. Myspace can't go after Facebook for being a social network. Fiverr can't patent cheap job listing site.
      You can patent the invention of a new method of operation. For example, the so-called one click payment by Amazon.

      Broadcast.com had multiple patents. Yahoo has held some search engine patents, as has Google.

      So maybe you can patent something, but there must be a working model.
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      • Profile picture of the author Bill Farnham
        Originally Posted by OrangeBull View Post

        So maybe you can patent something, but there must be a working model.
        Patents are granted all the time on merely the laying out of what is called "The Preferred Embodiment." If you can show in your Description and Claims that you have a "Novel and Unobvious" invention there is no requirement that you also have to have a working model.

        Working models are fine, especially when you want to prove the concept, but if you think the Patent Office is going to build massive store rooms to house those artifacts you're living in fantasy land.

        ~Bill
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        • Profile picture of the author Michael Oksa
          Originally Posted by Bill Farnham View Post

          Patents are granted all the time on merely the laying out of what is called "The Preferred Embodiment." If you can show in your Description and Claims that you have a "Novel and Unobvious" invention there is no requirement that you also have to have a working model.

          Working models are fine, especially when you want to prove the concept, but if you think the Patent Office is going to build massive store rooms to house those artifacts you're living in fantasy land.

          ~Bill
          Umm...Bill...

          I thought that's what Area 51 was for.

          ~M~
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          "Ich bin en fuego!"
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  • Profile picture of the author rosetrees
    I don't think you mean patent - unless you have an idea for some clever functionality that hasn't been done before.

    I'm guessing you mean trademarking. Beyond that, not knowing which country you are in, you need to speak to an attorney or, if you are in the UK, the intellectual property office Intellectual Property Office - Trade marks. They can give you general advise over the phone. From memory, applying for a trademark yourself costs around £200 - but I think they do a preliminary advise service for £100.

    Some colleagues and I hold a UK trademark - we had to run the site for a year to show that no-one else was using the term in the same line of business.
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  • Profile picture of the author andynov123
    I don't think you mean patent - unless you have an idea for some clever functionality that hasn't been done before.
    I feel I do have an innovative idea that hasn't been done before, so where would I go from here in acquiring the patent. It's in development still, so do I have to wait till it's finish to apply for patent? And what's the fastest way to acquire one?
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  • Profile picture of the author Victoria Gates
    This is the site you need to answer all those questions: United States Patent and Trademark Office
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    Victoria Gates - Digital Marketing Specialist
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  • Profile picture of the author Michael Oksa
    Originally Posted by andynov123 View Post

    If I wanted to patented an idea for a website. Does the site have to be completed first? Also I don't want to wait a year for a patent. Is there a cheap and fast way to acquire a patent. I don't want to have to spend $3000-4000. Do I have options. If so how can I get a fast and affordable patent?
    Apart from what others have pointed out in regards to patenting and idea...

    If you are serious then the LAST thing you should be doing is looking for "fast and cheap", you should be looking for "enforceable and complete".

    I don't want to sound rude, but if it's as good as you think it is, then you need to treat it like a business and not like some hair-brained scheme. Note, I am not saying it's a "scheme", but that it sounds like you're treating it like one; that could be a mistake.

    All the best,
    Michael
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  • Profile picture of the author andynov123
    Does anyone know how long it takes to get a patent from
    United States Patent and Trademark Office
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  • Profile picture of the author Christian Little
    You will want to talk to a lawyer about this kind of thing. But there is no way to fast-track a patent.
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