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Can You Patent A Business Idea?

Discussion in 'General Business' started by Illuminated One, Mar 4, 2010.

  1. #1
    Yesterday, I was talking to a family member about a business idea I've been working on for the last 6 months. He immediately recommended that I patent the idea. Honestly, I never knew that this could be done and still not sure. Hopefully someone in here can give some real feedback on this --- can a person patent a business idea?
     
    Illuminated One, Mar 4, 2010 IP
  2. TheFeedski

    TheFeedski Peon

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    #2
    Pitch me the idea and I will tell you if you can or not... :)
     
    TheFeedski, Mar 4, 2010 IP
  3. theemerchant

    theemerchant Guest

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    #3
    what kind of business? is the product you are going to sell is your own invention? if the product is originally invented by yourself, then It is a must that you register it to U.S Patent.
     
    theemerchant, Mar 4, 2010 IP
  4. BrassDash

    BrassDash Peon

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    #4
    You're better off asking a lawyer about this. When it comes to patenting an idea or physical product, you want proper, professional guidance. Good luck!
     
    BrassDash, Mar 4, 2010 IP
  5. lorddan01

    lorddan01 Active Member

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    #5
    I was recently in the same possition. They said you cannot patent an IDEA. However if you made a prototype and have specifics of what you want to patnet you can do that, but not just an idea. This is for the UK don't know if it's different other places.
     
    lorddan01, Mar 5, 2010 IP
  6. Nonny

    Nonny Notable Member

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    #6
    There is such a think as a "Business Methods" patent in the US. Read this for details:

    http://www.uspto.gov/patents/resources/methods/index.jsp

    It can't just be an "idea". It has to be completely fleshed out. There also must not be any prior art that makes your invention obvious.

    If you are serious about looking into patents then the best thing to do is to talk to a patent agent or patent attorney. They have the expertise to determine if your invention is patentable and, if it is, write the patent for you.

    See especially the document "Successfully Preparing and Prosecuting a Business Method Patent Application" at that link I provided up above. That will give you an idea of what goes into applying for a patent. Keep in mind that a poorly-written patent can be essentially worthless, so don't consider preparing the patent yourself unless you are certain you understand the requirements and writing style.

    Also, you should not disclose your invention to anyone until you've filed the patent application.

    Here are some examples of recently issued business-related patents to get an idea of what has been patented already:

    http://www.google.com/patents?id=1gupAAAAEBAJ
    http://www.google.com/patents?id=u56tAAAAEBAJ
    http://www.google.com/patents?id=IeLJAAAAEBAJ
    http://www.google.com/patents?id=kZzKAAAAEBAJ
    http://www.google.com/patents?id=vm_JAAAAEBAJ
    And don't be surprised if you do a bit of research and find that someone else has already published or patented the same idea.
     
    Nonny, Mar 6, 2010 IP
    joebert likes this.
  7. Cascolo

    Cascolo Member

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    #7
    I being told you should start by mailing your self a detail notarized letter describing your idea. This document will help establish an idea date.But you should definitely should speak with a patent attorney.Every good response from NONNY.
     
    Cascolo, Mar 6, 2010 IP
  8. tstewart

    tstewart Peon

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    #8
    yes you can do Patent your Business Brand, Logo, or Theme. but you should have to content patent expert lawyer for that.
     
    tstewart, Mar 9, 2010 IP
  9. Nonny

    Nonny Notable Member

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    #9
    I think you are referring to trademarks here, which is something different than a patent.
     
    Nonny, Mar 9, 2010 IP