Patent - Internet Idea

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Niallymac

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Is it possible to patent a specific type of functionality on an internet website.

Eg. Lets say you have a website that allows users to perform a perticular type of task, in a particular way. Is it possible to patent that "way of doing it"

I suspect not, unless there is some IP in the technology that could be patented. I'm guessing that a way of doing something on the web can't be protected from others copying it ?
 

Didn't Amazon patent their "1-Click" online shopping process i.e.

"In the fall of 1997, Amazon.com submitted a patent application entitled "A Method and System for Placing a Purchase Order Via a Communications Network." On September 28, 1999, two years and one week after the application was filed, Amazon was granted United States Patent Number 5,960,411. It is now known as Amazon's "1-Click" patent. The patent describes an online system allowing customers to enter their credit card number and address information just once so that on follow up visits to the website all it takes is a single mouse-click to make a purchase from their website.

Just twenty-three days after the 1-Click Patent was issued, Amazon.com filed a lawsuit in the federal district court of Seattle against Barnesandnoble.com, a rival online bookseller and their largest competitor. Amazon's goal was to stop Barnesandnoble from using their "Express Lane" shopping process on the grounds that it infringed upon Amazon's patented 1-Click business method."
 
Niallymac said:
Is it possible to patent a specific type of functionality on an internet website.

Eg. Lets say you have a website that allows users to perform a perticular type of task, in a particular way. Is it possible to patent that "way of doing it"
Click to expand...
It is quite likely that you can as long as it's original. The patent registration process is a costly and long drawn out process though and then enforcing patents can be the same.
 
ClubMan said:
It is quite likely that you can as long as it's original. The patent registration process is a costly and long drawn out process though and then enforcing patents can be the same.
Click to expand...
Good advice. You are better off registering the patent and then sell the sole licence to a big player. You can then be paid in royalties, which are tax free, and they will defend your patent for you. Everybody wins (that’s the dream anyway).
As for answering the question, the answer is simple; it depends...
see a patent lawyer (or call your local enterprise board or Enterprise Ireland who love to give money and support to people with patentable ideas, I kid you not).
 
ClubMan said:
It is quite likely that you can as long as it's original. The patent registration process is a costly and long drawn out process though and then enforcing patents can be the same.
Click to expand...

Surely patents for websites would face similar (if not the exact same) difficulties as patenting software does? Your best bet might be to copyright the code used to design the website functionality. However, this wouldn't prevent someone from copying the idea by reverse engineering it.

The Amazon 1-click patent is highly contentious and many would argue extremely flawed. Patenting something like this again is unlikely to be trivial.

I would focus on designing the website functionality and use your early mover advantage to stay ahead of anyone else coming along and copying your idea.
 
room305 said:
Surely patents for websites would face similar (if not the exact same) difficulties as patenting software does?
Click to expand...
What difficulties? Lots of software patents have been filed. Of course, as I have said, the processes of filing and then defending them is usually complex, lengthy and costly.
The Amazon 1-click patent is highly contentious and many would argue extremely flawed.
Click to expand...
Not as contentious as this one!
 
ClubMan said:
What difficulties? Lots of software patents have been filed. Of course, as I have said, the processes of filing and then defending them is usually complex, lengthy and costly.
Click to expand...

True but they are generally held to be tougher to file in Europe than the US (Amazon's application for patenting the 1-click system was rejected by the EPO). European patent law actually states that computer programmes cannot be patented. If the idea only uniquely solves a business problem it will be thrown out. It will need to solve a technical problem in a non-obvious way if it is to stand a chance.

Certainly, as you have indicated, it won't be an easy thing to do. That's why I would suggest the OP copyright their software code, which may provide some measure of protection at a greatly reduced cost.
 
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