patentI have an idea for a process that basically improves upon an existing process. I just want to know if it’s able to be patented. The following is a hypothetical example:
Let’s say I have a more cost-effective way of displaying ads in newspapers and magazines. Of course, advertising in newspapers/magazines has been already done countless times. However, I have a method that can make it very cheap for anyone to advertise in the papers. Assume some people already know about this method and practice it themselves, but only a few know and most people wouldn’t figure it out.
Let’s say I want to build a business that takes this method and gives anyone the ability to advertise for cheap. People sign up for my service, pay a monthly amount, and I advertise their ads using this method. They don’t know exactly how it works, but they save money and their ad gets in the paper.
Now, the patent part. Can this whole thing even be patented? Can you even patent processes and concepts?
If I break this down, it’s different parts that make up the whole process:
Can anything here be patented? Can I patent the whole thing as a process or concept?
The country is the US.
It depends what country you’re trying to patent it in - business methods can be patented in the U.S. but not (usually) in the EU.
Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations.
https://en.m.wikipedia.org/wiki/Business_method_patent
If something has already been invented and publicly described then in most jurisdictions you can no longer patent it.
To anticipate the subject-matter of a patent claim, prior art is generally expected to provide a description sufficient to inform an average worker in the field (or the person skilled in the art) of some subject matter falling within the scope of the claim. Prior art must be available in some way to the public, and in many countries, the information needs to be recorded in a fixed form somehow.
https://en.m.wikipedia.org/wiki/Prior_art
“Assume some people already know about this method and practice it themselves”
It is not new. Unless you can prove it was invented by you then no you cannot get a patent. Even if it was invented by you does mean you can patent it.
https://patents.stackexchange.com/ might be a better place to ask this question -
You wrote “I have an idea for a process that basically improves upon an existing process” - yes it can be patented if the Patent Office agrees that your idea is non-obvious and indeed a novelty over the existing process.
I would recommend you talk to a Patent Attorney to better appreciate the efficacy of your idea. More so because of the recent rulings
With the Alice ruling - the holding is “Merely requiring generic computer implementation fails to transform an abstract idea into patent-eligible invention …”
With the Bilski ruling - the holding is “machine-or-transformation test is not the sole test for determining the patent eligibility of a process, but rather a useful tool ..”
Can anything here be patented?
Not sufficient disclosure here to give my thoughts on that. And that is good because you do not want to announce to the world your idea which maybe an awesome invention. My suggestion talk to an Attorney who specializes in your field. Though you are the expert, the Attorney is only going to help ascertain your idea in context of those rulings.
Can I patent the whole thing as a process or concept?
Again hard to say -a discussion with a Patent Attorney will help you decide.
A concept can be registered as an 'idea' or a 'design' and so it would not be uncommon for thousands of people like you to register your 'intellectual property' with the Patent Office which would ensure you have certain rights that can no longer be claimed by anyone else.
The legal system concerned with patents is VERY COMPLEX.
However, like thousands of other people who would like to think their idea would qualify as intellectual property, the biggest problem is knowing whether to go ahead and make an application or simply not to bother at all.
You could read more about your rights to make an informed decision, that is, if you really don't mind spending a lot of time reading pages and pages of information which may not really help at all.
So, please don't let anything discourage you from contacting the Patent Office. I strongly advise you to call or e-mail the team, specifically to make an inquiry. Don't worry, unless you openly discuss plans to do something that would land you in jail (almost impossible without any facts or genuine reasons to believe your intentions are going to harm someone) you won't be breaking any laws by discussing any ideas and concepts. You will have an open, informal discussion with someone who has a pretty good general overview of the differences that make their job necessary, they know what you need to know for you to make an informed decision.
When it is the case that you can't choose between what can and can't be protected, well let's consider thousands of people having hundreds of thousands of thoughts every day! When it comes to ideas about anything. I would definitely make that call.
US Trademark and Patent Office (General Inquiries) http://www.uspto.gov/about-us/contact-us
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