A business question regarding patents and ideas.
 

I have an idea for a mainstream site that has not been done. If it has it's not on googles first hundred or so pages, and I've been looking on and off for weeks.

Since it seems that the idea I have effectively isn't being utilized by anyone else, I'm in a pickle as to how to go about making it happen. I'll never be able to code it myself, that's out of the question. So in order to build the site I'm going to have to hire a programing team.

In order to protect the idea, confidentiality and non-disclosure agreements will have to be signed before I open my mouth and say what I need built. But even with that I'll still be a bit nervous about actually telling anyone else the idea. It's dynamic, people will love it, and it's a hand over fist money maker idea... provided I managed a proper ad campaign.

Does anyone here know anything about patents? And is it possible to protect the idea or business model through the patent process? Confidentiality and non-disclosure agreements are all well and good, but a patent would be nice to have in case one or more of the programing team decide that the idea is good enough to steal.

...Well that sucks a little. :upsidedow

Thanks much, Shemp. I appreciate it.

no problem bro, i just sent you a PM with the contact info for a good patent attorney, experienced in our business...

A provisional patent is what you're looking for. It's cheap and easy to file, and gives you protection for up to a year, during which time you can have peace of mind as you disclose the idea to developers and get the ball rolling. Good luck!

From IPWatchdog:

Why provisional patent applications a good idea

One reason I like to suggest starting with a provisional patent application as a way to initiate the patent process is because they are cheaper to prepare (because there are no formal requirements) and the filing fee due to the United States Patent Office at the time of filing is only $130 for small entities (i.e., individuals, universities and companies with 500 or fewer employees), which saves you several hundreds of dollars compared to the filing fees for a non-provisional patent application. Indeed, the filing fee is even less — just $65 — if you qualify as a small entity. See USPTO Implements Micro Entity Discount. Regardless of the filing fee to be paid to the USPTO, provisional patent applications cost less to prepare from an attorney fee perspective because there are no formal requirements, which means we can focus on disclosing the invention in its full detail while still preparing an exceptionally detailed application that costs only a fraction of the cost of a nonprovisional patent application (i.e., regular patent application).

Assuming you have filed an appropriate provisional patent application you can market the invention without fear of losing patent rights, generating cash to proceed with development or further patent activities. In other words, the provisional patent application is an interim step along the road to a patent.

:thumbsup Thanks again.

Also, business methods can be patented.

Can You Patent Your Business Model? [Harvard Business Review]

I'm almost positive that wouldn't protect this one. What Shemp posted and everything I've read including that mentions tangibility as a factor. I'm not even sure a complete website would be considered a tangible item...

But this may be of some use. :thumbsup At the very least, it's worth the time to investigate.

Thank you.

Patents
 

Doesn't matter if you can or do file a patent. A patent is nothing but a license to sue. If you think someone has stolen your patented idea, you take them to court. The patent gives your case credibility. However judges and jurors can come up with strange verdicts.
You go to court with a lawyer from the Mount Airy School of Law he could be steamrollered by a lawyer who went to an actual law school.

You can get a patent for almost anything. A friend & I were laughing at a patent granted for a guy who put a hologram sticker on a t-shirt. Stickers on t-shirts had already been done and so had hologram stickers. The patent was granted because the USPTO didn't know several companies had already done it.

Use mine - it'll be a good starting point for you (and anyone else)

MUTUAL NONDISCLOSURE AGREEMENT

This mutual nondisclosure agreement (?Agreement?) is entered into effective January 9, 2014, by and between AdGhost LLC, 14828 NE 75th Street, Redmond, Washington 98052 and the Company or any of its parent or subsidiary companies, foreign or domestic, designated and signing below, (hereinafter collectively referred to as ?the parties?) for the purpose of preventing the unauthorized competition and disclosure of Confidential Information (as defined below) of the other party which may be disclosed for the purpose of pursuing the establishment of a business relationship or negotiating any contract between the parties.

For purposes of this Agreement, Confidential Information shall include but is not limited to the following: business outlooks; business strategies; financial information; contractual agreements; revenues; pricing; trade secrets; proprietary information; inventions; techniques; technologies; software and source codes; product design; general strategies; potential trademarks, patents, copyrights, and intellectual property rights; product and marketing strategies; business concepts and activities; product and services information; any information that describes the nature of a party?s business and the content of a party?s business plan.

For purposes of this Agreement, Non-Compete means all information not generally known by the public, which relates to the business of AdGhost LLC, or any third parties doing business with AdGhost LLC may be used to create or be used as a foundation of idea/s for the Receiving Party?s version of software or similar version of software of AdGhost LLC.

In consideration of the disclosure of Confidential Information by either party (?the Disclosing Party?), the party receiving the Confidential Information (?the Receiving Party?) hereby agrees as follows:

1. During the period this Agreement is in effect and at all times after its termination, the Receiving Party shall hold and maintain the Confidential Information of the Disclosing Party in strictest confidence and in trust for the sole and exclusive benefit of the Disclosing Party. The Receiving Party shall not, without the prior written approval of the Disclosing Party, use for its own benefit, copy, reverse engineer, use to organize information in its possession or in the public domain to duplicate such Confidential Information, publish, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any of the Confidential Information. Nothing in this Agreement shall grant any party an express or implied license of any patent, copyright, trademark, or proprietary rights of the other party, or a sublicense of any license rights of the other party.

2. The Receiving Party shall carefully restrict access to the Confidential Information to those of its partners, officers, directors, employees and independent contractors who clearly need such access in order to participate on behalf of the Receiving Party in the analysis and negotiation of a business relationship or any contract or the advisability thereof with the Disclosing Party. The Receiving Party further warrants and represents that it will advise each of those persons that they are strictly prohibited from making any use, publishing or otherwise disclosing to others, or permitting others to use for their benefit or to the detriment of the Disclosing Party, any of the Confidential Information.

3. The Receiving Party shall take all necessary action to protect the confidentiality of the Disclosing Party, except for its disclosure under preceding paragraph 3, and agrees to indemnify the Disclosing Party against any and all losses, damages, claims, or expenses incurred or suffered by the Disclosing Party as a result of the Receiving Party?s breach of this Agreement.

4. This agreement shall continue in full force and effect until such time as agreed by the parties, but in no event shall the term of this agreement exceed three years from the effective date. The Receiving Party's described obligations shall not extend to any of the Confidential Information that the Receiving Party can demonstrate was either in the public domain or independently acquired prior to the disclosure of such Confidential Information.

5. The Receiving Party understands and acknowledges that any disclosure or misappropriation of any of the Confidential Information in violation of this Agreement may cause the Disclosing Party irreparable harm, the amount of which may be difficult to ascertain, and therefore agrees that the Disclosing Party shall have the right to apply to a court of competent jurisdiction for an order restraining any such further disclosure or misappropriation and for such other relief as the Disclosing Party shall deem appropriate. Such right of the Disclosing Party is to be in addition to the remedies otherwise available to the Disclosing Party at law or in equity.

6. The Receiving Party shall return to the Disclosing Party any and all records, notes, and other written, printed, or tangible materials pertaining to the Confidential Information immediately on the written request of the Disclosing Party.

7. This Agreement and the Receiving Party?s described obligations shall be binding on the representatives, assigns, successors, subsidiaries, parent entity, and any affiliated entities of the Receiving Party, and any of their employees, officers, directors, members, shareholders, agents and representatives. This Agreement shall inure to the benefit of the assigns and successors of the Disclosing Party.

8. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws rules. The parties agree and consent to venue and jurisdiction for any legal proceeding in King County, Washington.

9. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney fees and costs, including fees and costs incurred in any appeal.

10. This Agreement constitutes the sole understanding of the parties about this subject matter and may not be amended or modified except in writing signed by each of the parties to this Agreement.

The Parties described herein and signing below hereby acknowledge their understanding of the terms and conditions and agree to be bound by such terms and conditions.




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AdGhost LLC

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If it's even possible to get anything that legally and officially notes that I had the idea before I ever seek to develop it, I'll take it. License to sue is a million times better than just having to stand there with your dick in your hand and watch your idea make some other shithead you trusted a ton of money.

I thank you for this, Bama. Aside from a change here and there it looks legit and says most of what I would be needing it to say. Also might save me a few $ not having it written up by my slime ball attorney.

Yes. He's a slime ball. That's why he's my attorney. :1orglaugh

Nice link Shemp :thumbsup

You can however, copyright certain parts of your HTML / PHP code (how they interact with each other to operate the site) and your websites color scheme.

Once the site is complete, or even close, that will have to be done. In fact anything about it that can be legally protected will be. I don't care if I have to sell my blood to get the site built and protected as much as I can.

This is one of those ideas that comes to everyone from time to time and makes them wonder why someone hasn't thought of this already? Anyone who would have thought of this would have to have done it. It's perfect.

It's so simple, it's stupid. But for it's market, it'll do what facebook did to social networking.

I just lack the skills to program it myself, or I would be doing it right now.

once your site starts to getting populer some asshat from far far away will steal that idea and copy it and prolly spend more than you on promotion .and there will be shitloads of clones.
so prepare for it. and whatever you do promote it madly and make it go popular even before clones start to get in the serps.

Great input, fcp.

The only thing I can say is that the market in question is so monopolized that you would have to be crazy to believe you could effectively enter it, yet alone dominate it without having something up your sleeve.

I've got something up my sleeve and I think it's a game changer. The companies that monopolize that market can barely compete amongst one another and they're huge, and all doing the exact same thing at the same time.

In that, it's an adapt or die situation for them. But because of the competition and greed between businesses in that collective, all of these companies would be taking a huge hit to compete with this idea. They've raised the market too much, ask to much of users, and are so involved with fighting one another that they're not paying attention to anything else.

Given an extraordinarily great ad campaign, I think that users would abandon the other platforms for the one I have in mind.

It may be wishful thinking, but I'm not so sure.

I like to think that by the time I put a blip on the radar it'll be too late for the powerhouses. If it's too late for them, it's way too late for anyone to clone the idea and put a real hurt on it unless they come up with a better idea, and I'm not sure there's an idea that goes beyond this one...

I hope...

Or I'm fucked, need to sell everything I own, max out my cards, take out a huge loan, and hope that I made the right choice in backing something that I believe will murder an entire market.:Oh crap

Gonna be fun.