QUESTION

Can you patent a concept for a website?

Asked on Feb 14th, 2011 on Patents - Oregon
More details to this question:
My friends and I have come up with a really cool idea for a website, but we haven't found someone to help us build it yet. We are worried that we could end up getting the idea stolen from us by a programmer, since we'd essentially tell them all the ideas in order for them to build it. Can we patent the concept for a website? If not, what can we do to protect our idea?
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3 ANSWERS

Internet Attorney serving New York, NY at Handal & Morofsky, LLC
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Generally, there are a number of ways to protect a website idea. Patents may be possible to protect the functionalities of a website. Data structures, functional processing steps and connectivity to other systems may support utility patents. Copyrights and design patents may cover the look and feel of a website. Trademark and trade dress elements of a website can also be protected. You should consult an experienced intellectual property attorney experienced in all these areas with the details of your conception to work out a plan to protect your work.
Answered on Feb 15th, 2011 at 11:28 AM

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Intellectual Property Attorney serving Spokane, WA at Malhotra Law Firm, PLLC
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Absolutely, you can patent a novel website. You can patent the sequence of screens, sequence of menus, the interface, anything that is novel. It is hard to guess exactly what you have in mind so it is difficult to say with certainty that you have something that would be considered to be non-obvious by the U.S. Patent and Trademark Office. Talk to a patent attorney with experience with websites and software. It is important that the patent application be drafted so as to minimize the risk of being invalidated in a Bilski challenge. Bilski is a Supreme Court case that found a specific business method patent to be invalid. Hire an attorney who has experience in the software area.
Answered on Feb 14th, 2011 at 4:43 PM

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Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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You cannot patent an idea but you can patent the embodiment of that idea. So yes you can patent the software but I would suggest that you look into copyrighting the code. It is a lot cheaper. $40 vs $10,000.
Answered on Feb 14th, 2011 at 3:43 PM

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