Your last point is a very good point and I must say, I kinda wanted that $5K for marketing and for further developing the website that can help it generate some income.
When I say there's nothing like it yet, I know your concern....I mean, I've never seen anything like it, no one else I've spoken to has, and the lawyer hasn't, which is why he said he thought it could be patented. Knowing my luck, I'll spent the $5K and yep, there's be something there haha! But here's hoping. As you said in your first paragraph, my main motivation for applying for one was to serve as a deterrent to others that might want to copy the site. It's not the technology of the site, it's the concept. Without saying too much...imagine for example, Facebook wanting to patent the concept of "social networking"...or probably more appropriate to use MySpace as an example. So it's kinda the layout of the site and the way it does what it does that we were looking to protect. Anyway, I appreciate your help mate! With Trademark...I thought that was just for logos? On 23/03/2010, at 10:52 PM, Jason Held wrote: > Hello Rich, > > Welcome to the group! > > You can patent just about anything, but that doesn't necessarily > protect you. Example: a very large aerospace company received a > patent for *every* wireless transmission in space, to discourage > development in wireless subsystems. Completely worthless to them, > since you can't protect such a thing. Just a scare tactic, but you > catch the drift. > > What is it really that you're protecting? The software which runs the > website? Web content? Typically when I hear "this thing doesn't > exist yet", it raises a red flag. Recommend you research a bit deeper > on your concept, 'cause chances are you aren't the only one. > Especially from what I've seen of the web world. If nothing else, for > your marketing plan finding the competition is time well spent later > on. > > If it's content you are protecting, consider trademarking as a less > expensive (albeit less useful) IP protection. If it's a special > technology running the website, my recommendation is to use physical, > rather than legal protections. You're spot on when you said that you > don't have the resources to protect your own patent. > > At the end of the day you are faced with a choice: You can spend cash > for a patent to protect IP nobody has seen, or you can spend cash to > grow the business, innovate, and get some customers. Which gives more > street cred to investors? Patent pending or customer income? > > Cheers > Jason > > > > On Mar 23, 11:26 am, Mike Nicholls <search4ge...@gmail.com> wrote: >> Hi Guys >> >> Enikos had a US patent granted last September. It was originally lodged in >> ~2002. >> >> Not being involved in the first part of it my guess is that we have paid >> $20-30k in fees per patent, I am seeing similar charges for other >> applications that are coming through now. >> >> Check the Small vs Large Entity requirements, cost savings on USPTO are 50% >> for small entity (Attorneys will still charge you the same) >> >> Realise it will take years and you will be required to effectively learn a >> new language (I find the language and structure of Patents very precise and >> difficult to read) >> >> Just be really sure that a. You have an original idea and b. It will >> probably be worth something to someone. >> >> Its not for the faint hearted especially if you are funding it yourself. If >> you got some of the inspiration from somewhere else, realise this really >> early and move on. >> >> Assuming you got the patent allowed, there are patent attorneys who take >> patents on license or some profit share agreement and then seek to gain >> license fees from companies infringing. (commonly known as patent >> trolls). If they see potential, they will pay you an upfront fee and then a >> share of the licensing revenue, which could take years to materialise. >> >> There is also a company call Icap Ocean Tomo http://icapoceantomo.com/who >> run a patent auction platform in the US, where you can sell your patent in >> their quarterly auctions. If you dig through this site, you will find a list >> of auctions that they have conducted. There are many <$1m only 20 or so over >> a $1m. >> >> Mike Nicholls >> >> On Tue, Mar 23, 2010 at 11:07 AM, Matthieu Stone >> <matthieu.st...@gmail.com>wrote: >> >> >> >>> Hiya, >> >>> No real answer to this. >> >>> Saying patents are worthless is patently wrong (excuse the pun!) >> >>> Saying patents are *always* worth the money is also patently wrong. >> >>> Here is my 2c worth. >> >>> - Get a realistic handle on the costs for the whole process. $5K seems >>> wildly optimistic & perhaps you could do a little bit more research to >>> get a >>> realistic budget >>> - Once you lodge your first submission you have timeframes to execute >>> additional steps and additional costs. If you don't follow through then >>> your >>> application lapses. >>> - Expect to find lots of similar prior submissions - your idea is >>> probably not that unique, there is a huge amount of stuff out there. >>> - Expect to rework you submission a number of times (continuations) & >>> expect these to take weeks to think through >>> - Expect the process to take years >> >>> If you don't have the capital, then the answer is you can't afford it. >>> Bummer, but there it is. >> >>> I don't know your business, nor your strategy, but I think it's reasonable, >>> if your prepared to risk the capital, to start the process off. You can now >>> tell people that you are "patent pending" which may give you additional >>> credibility & show that you are serious about the business. If you execute >>> well, you will have the capital to continue the process, if not, then you've >>> only spent $5K. >> >>> rgds, >>> - matt. >> >>> On 22 March 2010 20:32, Rich <roadtripr...@gmail.com> wrote: >> >>>> Hi, I wanted to get a range of opinions on the subject of patenting. >> >>>> I have a website right now that is under development and soon to be >>>> launched. The particular concept of the website does not exist yet. >>>> It's very simple and based on feedback, it has some great potential. >> >>>> I spoke to a patent lawyer who said he felt pretty comfortable saying >>>> that he could file a patent for the website concept. When I say >>>> concept, I mean what the website does and how it does it. The cost of >>>> filing would be $5000 (inclusive of his fees). >> >>>> My question is...should I bother? >> >>>> My reckoning is that if the web giants came along and wanted to copy >>>> my idea, they could go ahead and do so because I wouldn't have the >>>> money to legally enforce my patent. To be honest, I wouldn't have the >>>> money to enforce it with most people cause I'm using my personal funds >>>> and it's pretty much all gone into the site and marketing etc. So >>>> does that make a patent a waste of time and money? My main reason for >>>> getting it would just be to serve as a deterrent to someone copying my >>>> site. >> >>>> What are your thoughts? >> >>>> On another issue...I'm totally new to this group (the patent lawyer >>>> was the one who put me onto it)....are there people here that are >>>> looking for things to invest in? Like I said, I'm doing all this with >>>> my own cash and would be open to some more funds so I can take it >>>> further quicker... >> >>>> -- >>>> You received this message because you are subscribed to the Silicon Beach >>>> Australia mailing list. >> >>>> Guidelines on discussion:http://tr.im/ujKF >> >>>> No lurkers! 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