We have a patent how do we sell our business idea?
Hello. Thanks for contacting us.Are you saying you have received letters patent from the United States Patent and Trademark Office and now want to market your invention? Or you have something for which you wish to apply for a patent?Thanks for clarifying.
Thank you for responding Wayne!
We already have a patent and are ready to make a move to marketing our invention. We have some specific questions regarding the patent.
Are you able to review our patent for us? We are at the 20 year mark where the patent will become voided unless we have changes to make to it, from what we understand. We DO have changes that we want to make and want to make sure the LANGUAGE is correct in the patent.
Secondly, we are interested in either selling or leasing our idea and would like guidance in the steps to move forward in one or both of these directions.
Thank you!Dawn XXXXXXXX
Hello again.Thanks for the quick response.The about this site is that we are set up to provide information about the law, but not take on specific cases. The reasons are, unfortunately, legalistic, but important. We cannot provide confidential attorney-client review on a publicly-accessible online legal information forum. And review of a specific patent falls into the kind of thing its necessary to have one's lawyer.A good patent lawyer will also have many connections to brokers and industry leaders who may be interested in the patent; he or she can also help revise the processes or inventions involved to help identify ways they can be incorporated into something new that could qualify for a new patent.If you need any information on how to find a good patent lawyer in your area, please let me know. I wish you all the best with your venture!
Terrific! ok we will start in that direction.
We have more questions for you. Give us a bit to consult and then we will get right back to you!
I look forward to assisting you!
Practicing Law Since 2000
When would you be available for another chat session?
Please feel free to post - specifically mentioning "For Attorney Wayne" in the header.I'll get alerted. Its hard to predict freedom to immediately respond -- given the nature of this site, and the other work any one of the experts here performs.But I will try to get back to you ASAP!I look forward to assisting.
Ok Wayne ... A group of us were trying to do a gotomeeting so we could all see your responses at once. I will gather our questions and send away!
We have a new multimedia distribution model that incorporates the internet and digital technology (hardware and software) that is already present in most movie theatres, but used in a way not yet realized. We would like to protect the new process before approaching potential partners, studios and developers. Knowing that a process, including a process for doing business, must produce a concrete, useful and tangible result in order to be patentable. It does not matter if the process is within the traditional technological arts or not. A price for a financial product, for example, is considered to be a concrete useful and tangible result in order to be patentable. Would we meet the patent requirements by outlining in detail how the model operates with existing technology to new results? Also, what other alternative steps can be taken to protect the process we have designed?
It really depends on how the device is constituted, whether the process is NOT obvious to those learned in the field, etc. Also, it would have to pass muster as truly "novel" to get patent protection.It is nearly impossible to give much advice on the patentability of a particular thing without a lawyer who specializes in "prosecuting" patents (that's filing applications, usually someone who also has an advanced degree in a relevant technical or scientific field, along with a law degree and license). As noted before, because this publicly accessible website can't provide confidential attorney-client analyses, protected by attorney-client privilege, it can't substitute for that kind of detailed legal and technological review.That said, as a matter of legal information (as opposed to advice about a specific possible patent), remember that patent applications mean publication. Anyone can see your work -- and if the patent is not granted, or is effectively challenged in court, then the 'cat's out of the bag.'Indeed, even if a patent is granted, someone could reverse engineer an alternative but similar thing. And that would put a burden on the inventor(s) of the original to defend it through patent infringement lawsuits etc.In lieu of patent exposure, many inventions are revealed to potential investors or sales partners with "non-disclosure" agreements that lay out, by contract, a high price for revealing trade secrets. While enforcement would require a lawsuit (or arbitration, if the contract requires it), at least there's a stronger legal basis for protection than with a patent application that is either granted or a court orders rescinded OR an item that can be easily reverse-engineered.The software portions, if original, can also receive copyright protection -- but only for the expression of ideas, not for the idea itself. Someone else could create software that does the same thing, but uses different code to achieve it.I hope this information will be helpful, even this is not the right forum to get an assertive evaluation of a particular invention. But I see in your post that you are well-read and I'm sure you wanted the straight scoop here.Again, I wish you and your partners much success!
Thank you Wayne!
This information was very helpful and very direct. You are correct, I like to be exactly to the point where possible. Your response leads us to this next question ...
Can a business model itself be patented as long as it produces a concrete, useful and tangible result?
Business Model meaning the exact written details of the process and its options ...
Thanks. Unfortunately, the site's managers like to keep things need and easily archivable. That means when there's something that's a new question rather than a follow up on a previous answer, they like to have it in a new question box.After you either accept or reject this last answer (I hope accept!), If you don't mind reposting the question, putting at the top, "FOR ATTORNEY WAYNE," I'd be glad to answer the new query.I truly appreciate your allowing us to help!Warm regards,
I'm sorry, this IS a follow up to the question we asked in the first place. The MODEL we were referring to in the first question is the same model were are referring to here.
Are you unwilling to assist us further?
I am glad to continue to assist. . With your clarification that this is a reference to the same thread, let me now proceed. To begin, the technical term is "Business Method Patent" not a business model patent. It may sound like a distinction without much difference, but the little bit does make a difference. Business models are much more broad (e.g. All you can eat, unbundled services, prepaid, postpaid, Or possibly, coop, sole proprietorship, LLC etc). A business method is more like a patent thats granted on for an industrial or scientific process. So, its probably best to think of it as a "process" and not a way of doing business (a method).The most famous of these business method patents is Amazon's "one-click" shopping cart system. Thus, Amazon's model for doing business is not patentable (online, shipping fast etc), but the actual process of making it easier to buy with a single click has been allowed in the US (and this year, in Canada) to be granted letters patent.The Patent Office has put online its most recent guidance for patent examiners reviewing business method patents. (It arises from a key Supreme Court case of recent vintage.) You can see the guidance at this link: http://www.uspto.gov/patents/announce/bilski_guidance.jspUnfortunately, this entire area of law is in flux; as you'll see when you read the material in the links above. There is much room for various lower courts to interpret, limit or expand the applicability of business method patents -- or for deep-pocketed competitors to attack with expensive litigation. So its really important to discuss all the potential for upside and downside risk with an attorney who has confidentially reviewed your plans and helps to draft your patent application(s).The botXXXXX XXXXXne is that the general statement that a business method patent grant requires "concrete, useful and tangible result(s)" really means that you can't patent something pie in the sky. In the same way, the Patent Office won't register a "perpetual motion" machine -- as there's NO scientific way to set aside the laws of entropy in physics.Attorney Wayne41030.9956625347
Please close this question as I am unable to do it without repaying.
Thank you again!
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