Patent attorney advice?
Will I need a patent attorney for an idea I have for a website? I have searched the web and the idea isn't out there yet.
Answered By: Mark S. Hubert PC
You cant patent an idea - you must have an embodiment. In order to get the 20 year protection of a patent you have to be able to disclose how to make and use the invention.
Answer Applies to: Oregon
Replied: 7/25/2011
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.
Answer Applies to: Oregon
Replied: 7/25/2011
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: Devon & Associates
Your web site design might be protected by copyright or possibly patent and copyright. It depends on exactly what your concept or design is. An experienced intellectual property (patents, copyrights & trademarks) attorney can help you determine how best to protect your design. I have a form/document entitled "Inventor's Testimonial & Advice to Clients" which assists the inventor in documenting his invention and his inventive process which is critical if there is a dispute over who the first inventor is. You can obtain the form/document from my web site www.devonlaw.com by clicking on "patent" and then on "download new client patent form".
Answer Applies to: California
Replied: 7/23/2011
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.
Answer Applies to: California
Replied: 7/23/2011
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
Patents protect inventions - a new and useful process, machine, or improvement. A website may include "back-end" functionality that could be protected with a patent. It is always best to work with a patent attorney if there might be a patentable invention. Failure to take action and timely file a patent application could result in a loss of some or all rights to the invention. So at least talk to a patent attorney on the phone or in person to describe your invention in more detail and ask whether it might be something that can be protected by a patent. If the subject matter is not appropriate for patent protection, the patent attorney will tell you so before you get started. The patent attorney may also be able to recommend other types of intellectual property protection, such as trade secret or copyright protection. Some patent attorneys offer free consultations, so there is little to lose by talking to a patent attorney - but a lot to lose by not talking to a patent attorney.
Answer Applies to: Colorado
Replied: 7/23/2011
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.
Answer Applies to: Colorado
Replied: 7/23/2011
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
Yes. Ideas are not patentable. Patents cover useful tangible inventions. If you operate a web site you may need to license patents held by others. Further, you need to retain counsel to conduct a prior art search and give you an opinion on whether you invention is obvious or otherwise unpatentable. Just because you have not found a web site with your idea does not mean it is not covered by or made obvious by prior art. Anyone who operates a web site should retain patent/ip counsel.
Answer Applies to: New York
Replied: 7/22/2011
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.
Answer Applies to: New York
Replied: 7/22/2011
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
Yes,
Answer Applies to: California
Replied: 7/22/2011
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.
Answer Applies to: California
Replied: 7/22/2011
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.
More Questions on Patent
- What do I do if a company gave me a faulty patent report?(12/8/2011)
- Can they still get my info from the subpoena since its before the case is over?(12/8/2011)
- Do I have a case if someone is claiming that I am infringing on their business name?(12/8/2011)
- How do I apply for a utility patent?(11/9/2011)
- How can I register a patent in the US?(11/9/2011)
- Can I legally put my own logo on a vintage copyrighted professional sports team hat?(10/17/2011)
- Do I need the actual software to get a software patent?(10/10/2011)
- Can someone change a product that I have a provisional patent for?(10/10/2011)
- Is a product modification something I can patent?(10/10/2011)
- Will I have to relinquish or pay money to a company if I use a phrase that is trademarked by them?(10/10/2011)
- What are the initial steps on having my ideas protected?(9/27/2011)
- Can I be arrested for copyright infringement for downloading peer to peer network content?(9/17/2011)
- Am I going to violate intellectual property rights if I will create/design a game based on another one?(9/17/2011)
- How can I protect my intellectual property?(9/17/2011)
- Who should I talk to regarding Intellectual inteligence?(9/17/2011)
- What can I do to patent and get my idea started?(9/17/2011)
- Can I sell a product I created from a designer product?(9/7/2011)
- Can a patent a product if someone has this patent but never used it?(9/7/2011)
- Can my friend patent an idea that we had discussed before?(8/29/2011)
- How long does a patent search take?(8/29/2011)
