How do I patent a website?

I have a great idea for a website and I don't want anyone to steal it. What is the first step I would take in getting a patent for it?

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Answered By: DANIEL NESBITT

The first step is to conduct a prior art or prior use search. A patent attorney or professional search firm can assist you. The "prior art" in the website field may not easily be found in the patent art, so you may need to employ other search resources.

Answer Applies to: Ohio
Replied: 9/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Intellectual Property Center, LLC

I would recommend reviewing the United States Patent Office's website and then contacting an attorney if you have additional questions. Good Luck.

Answer Applies to: Kansas
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mark S. Hubert PC

Get a book on writing patent applications and write one. Otherwise call a patent attorney.

Answer Applies to: Oregon
Replied: 8/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Barton Barton & Plotkin

Your question is impossible to answer without more information. You need to retain counsel to advise you concerning whether the best way to protect your web site is patent, copyright or trademark law. It is very hard to get a patent covering a web site because there are so many patents out there that already cover aspects applicable to any web site. In addition to protecting your rights, you need to retain counsel to conduct searches necessary to determine whether your web site would violate intellectual property rights of others. Bottom line: you cannot do this yourself. Anyone who operates a web site for commercial purposes should retain intellectual property counsel. Your investment in IP counsel will pay off big time in the future.

Answer Applies to: New York
Replied: 8/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Mark Trenner

You may be able to apply for a patent application on the function of the website if there is something unique and nonobvious about it. Typically the functionality is found in the software engine driving the website, and not in the graphical layout of the website. But check with a patent attorney to determine what may be subject to patent protection, and what might be subject to copyright protection.

Answer Applies to: Colorado
Replied: 8/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Rhema Law Group

You may be able to obtain a design patent or copyright on the design layout of your website. But in order to obtain an utility patent on your website, it must make a computer perform some sort of tangible function/process. You should consult with a patent attorney to discuss your website and see what may or may not be patentable.

Answer Applies to: California
Replied: 8/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.