Intellectual Property and patents 2

[GLComputing]

I have designed (and in the process of development) of a new site with some functions that I don't believe have been done anywhere else. So, I'm looking at how to protect the IP

While Copyright is automatic and Trade Marks are easy, it seems that patenting an idea is only for the big boys.
1. It's expensive to register it
2. Not all countries uphold patents for computer code - eg the European Union doesn't
3. It has to be defended by the holder and can be over the top in costs and fees with no guarantee of a win.

Anyone have any better ideas or useful comments on this?

Regards,
Mike Lazarus
ACT! Evangelist
GL Computing, Aust

http://www.GLComputing.com.au

 

[Thargy]

gl,

get yourself a patent agent.
The agent should do a search for you, to confirm that your patent is valid, and that it is worth applying for. If you don't, then anyone can and will steal your IP.

The EU is NOT a country - get your facts straight.

If you can't be bothered to defend your patent, why bother with one in the first place?

The illustrious Mr Dyson patented his cleaner and found an American company making copies. It cost him all he had (including his house) to fight the case, but he came out with a few millions in damages from the offending company. He used those millions to set up his business in fine style, and is now a happy chappie.

The Americans are particularly cut-throat in business, so make sure that your patent is valid in the U.S. as well as Europe.

Regards

T

Grinding away at things Oracular

 

[flapeyre]

I remember a TV special from years ago in the US called "Patently Absurd".

A patent is really little more than a licence to sue somebody. Many small-time inventors end up selling the rights to the invention to larger corporations, because only the bib boys have the resources to go after patent infringers (of which, you can be sure, there will be many, since all patents are a matter of public record).

Contrast this with, for example, IBM. As an example, IBM never patented the process they used to bind type metal onto the nylon type elements used in the Selectric typewriter. It was a closely guarded secret, and I understand that only two employees knew the process (and they never traveled at the same time). It took about 20 years for competitive type elements to appear, and they were not as good as the original (the metal would flake off the element under extreme conditions).

Solum potestis prohibere ignes silvarum.

 

[kmcferrin]

Just a couple points because people often confuse/lump together patents, copyrights, and trademarks.

First, trademarks exist to protect the consumer by preventing confusion. If you register a particular trademark then that trademark cannot be used in products that are likely to cause confusion. In other words, Bob's Cola Company can't sell a product called "Coke" with a red and white label that looks like "Coca Cola". Some people think that they're to protect the company, and to a point they do because it prevents someone from trading on their good name. But ultimately it is a consumer protection.

Copyright is a different animal. It is a protection offered to a particular work that is a specific expression of an idea or concept. It can cover writing, art, music, or even TV or cinema. It is intended to spur creativity by ensuring that the content creator has an exclusive right to the use, disseminate, and profit from their creations, usually limited to a period of time.

Patents are protections issued to people for an invention that ensures that the inventor (or patentor) has exclusive rights to a particular invention for a period of time. The invention can be an item or device, and in some locales can also be a process or even software code.

If you really think that what you have is new and innovative and patentable you'll need to get an attorney and file. The patent protection is only granted for publicly disclosing the invention, so there is no "poor mans patent" in the form of mailing yourself a copy of the design and then not opening it. Patents can be expensive because there's a fair amount of research that has to be conducted before the patent is granted, including a search for "prior art" that would demonstrate that the invention is not new. There's also a requirement that the invention or method isn't obvious to someone skilled in the trade, etc. It's not just a simple matter of filing and being granted a patent, it takes years. Of course the payoff could make it worth it.

 

[58sniper]

You can file an interim patent form. I forget what it's called (my wife works for a huge Intellectual Property firm). It basically gets it on record, and gives you a year to get the formal patent application filed. The benefit is the time stamp. You're locked in as of that date.

Pat Richard
Microsoft Exchange MVP

 

[harebrain]

flapeyre, this is kinda OT, but do you mean the "golf-balls" were nylon with metal letters stuck onto them?

 

[flapeyre]

No, the entire type element was plated in type metal. No individual letters.

Background: For nine years, I fixed Selectrics and other IBM office equipment for a living.

Solum potestis prohibere ignes silvarum.