Should I pursue an e-commerce patent?

December 28, 2007 10:22 AM

I'm developing an e-commerce project with business processes that are truly unique and might be patentable. I understand there is serious debate about the benefit and/or validity of many patents in this field, but I think my idea stands up to the bullshit test, and I don't think protecting it would be anti-competitive.

So, should I launch and go about protecting the invention later, or should I hire a patent attorney right away? I've searched the patent databases myself and found nothing remotely similar. But I'm not an expert.
posted by subpixel to technology (7 comments total)

Talk to a lawyer now. There are time windows involved in patent law, and the clock starts after any kind of public disclosure.
posted by Steven C. Den Beste at 10:26 AM on December 28, 2007

I would talk to one, but the actual decision depends on how much money the search and documentation will cost, how much money you have right now, if you're willing to make that investment and then do the litigation to defend your idea after someone else copies it ... lots of things. It can cost close to $15k to patent something properly.

Keep in mind what my business/entrepreneurship professor told me back in college: Just because you have an idea that you think is original does not mean you have no competitors. It just means that you haven't found your competitors yet.
posted by SpecialK at 10:28 AM on December 28, 2007

There are time windows involved in patent law...
Specifically, in the U.S., you have one year from the date of first public disclosure, use, sale or offer to sell; to file your patent application. However, many other countries don't have this grace period, so you wouldn't be able to get patents there if you don't file before publicizing your invention here (assuming your profile is accurate, and you are in Brooklyn).
In any case, it's a good idea to talk to a patent lawyer before going forward. You want one who can tell you not only the costs and time frames involved, but also explain in general what patents are good for, what you can do with one, and (more importantly!) what you can't do with one. Also, it wouldn't hurt to get some idea of how much it'll cost to enforce a patent -- if you can't afford to enforce it, then there are much cheaper ways of getting the remaining benefits of a patent.
IAAPL, but IANYPL.
posted by spacewrench at 10:40 AM on December 28, 2007

I don't think protecting it would be anti-competitive.

you may not think that, but keep in mind the very point of a patent is to be anti-competitive for a time.

if you plan on filing for patents, you should at least engage a lawyer now to at least make sure that you take the necessary steps to be able to file for the patent, and don't do anything to jeopardize your own patent application.
posted by jimw at 10:42 AM on December 28, 2007

Actually, you don't have to talk to or pay a lawyer just yet. You can file a provisional patent yourself and pay a few hundred bucks. The patent office doesn't even read it, it just has a timestamp on it and sits there. This buys you some time in which you can freely shop around your idea for funding. The funding source will immediately hire patent attorneys to turn your provisional application into a bonafide application.

Click here for more info.
posted by TeatimeGrommit at 11:03 AM on December 28, 2007 [1 favorite has favorites]

Are you going to try to raise money for this? Prospective investors will require an intellectual-property search anyway, to prove that your claimed invention isn't infringing any existing patents; since you'll already be giving up equity for money to pay the IP lawyers, you might as well use the same lawyers to file a patent application, which saves a couple of expensive lawyer-education meetings.
posted by nicwolff at 11:28 AM on December 28, 2007

Note that I believe TeatimeGrommit's provisional patent info *only* applies to the US... foreign patent law is much more stringent regarding disclosure.

(IANAL, but I have worked on both provisional and full patents)
posted by olinerd at 12:39 PM on December 28, 2007