How to Understand Business Method Patents
Contrary to popular belief, patents cover more than just gadgets, widgets and other inventions. It's also possible to patent a business method or, more specifically, as defined in the U.S. patent statute, the "process, act or method" by which something is made. To understand business method patents, it's important to be able to define how your own invention is truly unique. Business method patents can be profitable, particularly in the areas of computer technology, but they can also be difficult and costly to obtain.
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Things You'll Need
- Internet access
- Consultation with a patent attorney
- Reference book on business methods patents
Instructions
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Understand Business Method Patents
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Understand that a business method can be the method or process by which something is completed or the act of creating something. It does not necessarily involve the end product.
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Avail yourself of a written reference book such as "Business Method Patents" by Gregory Stobbs. Although the book is written primarily for attorneys, it will help you understand business method patents and how to pursue them.
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Do your own patent search on the U.S. Patent and Trademark Office Web site (see Resources below). Looking at patents that have already been issued for business methods will help you understand more about them.
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Confirm that your business method is both "novel" and "non-obvious." To gain a brief understanding of these concepts, take a look at the FindLaw Web site's pages on admissible subject matter for patents (see Resources below).
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Understand that you will need a full description of your business method if it is to be patentable. A mere idea for a business method, without documentation and a description of the idea, is not patentable. Define exactly what your business method is and what it entails.
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Contact a patent attorney, but only after doing an exhaustive search. If you believe your business process is, indeed, patentable, then you can begin the process with attorney.
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Tips & Warnings
Understand that searching through existing patents regarding a business method can be a lengthy process. Count on several days to a week or two to properly search through existing patents. In addition, as the person who best understands your new business method or process, you may be in the position of explaining in great depth just how your concept is different. Patent attorneys are well versed in patent laws, but not necessarily in your business. Be patient and thorough, for the sake of your project.
Know that the patent process is not inexpensive. Because of the necessary use of an attorney, it easily can run into the thousands of dollars.
