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Subject:
patenting a business process
Category: Business and Money Asked by: headsetsdotcom-ga List Price: $20.00 |
Posted:
28 May 2002 12:27 PDT
Expires: 04 Jun 2002 12:27 PDT Question ID: 18554 |
Patenting a business process. How patentable is a business process? For example, let's say we had a process that dialed a phone number and then asked the called number to press 1 if they wanted to take part in a survey, would that be patentable? This isn't the process we want to patent, but as an example only, would it be allowable? Any Phone call type processes like this would be great examples. CLARIFICATION. I'm not looking for attorneys or books, but any examples or case histories of "buiness process" patents that have been succesful or not succesful, in particular if they relate to phone calls. Thanks! |
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Subject:
Re: patenting a business process
Answered By: mechante-ga on 28 May 2002 13:39 PDT Rated: |
The type of patent one would file for a business process is known as a utility patent. You would first need to search the government database of patents to make sure your idea isn't already patented or in the application process. Information on utility patents: http://www.uspto.gov/web/offices/pac/utility/utility.htm The U.S. Patent & Trademark Office database: http://www.uspto.gov/patft/index.html Through searching the Patent Office database I found examples of the kind of processes you describe. Here are a few you can use as case studies (obviously these were all successful patents): Telephone polling method http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=/netahtml/search-adv.htm&r=6&p=1&f=G&l=50&d=pall&S1=(telephone.ABST.+AND+survey.ABST.)&OS=abst/telephone+and+abst/survey&RS=(ABST/telephone+AND+ABST/survey) Verbally interactive telephone interrogation system with selectible variable decision tree http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=/netahtml/search-adv.htm&r=15&p=1&f=G&l=50&d=pall&S1=(telephone.ABST.+AND+survey.ABST.)&OS=abst/telephone+and+abst/survey&RS=(ABST/telephone+AND+ABST/survey) Survey collection method with televisions and telephones http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=/netahtml/search-adv.htm&r=10&p=1&f=G&l=50&d=pall&S1=(telephone.ABST.+AND+survey.ABST.)&OS=abst/telephone+and+abst/survey&RS=(ABST/telephone+AND+ABST/survey) You can search for more possible case sudies using the advanced search system at the Patent Office. I searched with the command "abst/telephone and abst/survey" (no need to keep the quotes when searching) to get the above results, you can try it and use more specific terms relevant to your process. URL of the advanced patent search: http://patft.uspto.gov/netahtml/search-adv.htm The Patent Office's web site is very slow, but persist and it will load up results and patents--sometimes I clicked two or three times on a patent title to get it to display. Best of Luck! ~mechante -ga google search terms: patent office ://www.google.com/search?hl=en&ie=UTF8&oe=UTF8&q=patent+office |
headsetsdotcom-ga
rated this answer:
Thanks mechante. Great job. |
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Subject:
Re: patenting a business process
From: mvguy-ga on 28 May 2002 15:09 PDT |
With all due respect, I think the researcher missed the point of the question. The whole issue of the patentability of simple business processes is a fairly new one. Legally, the question involved is whether the process being used is legally "new" or whether it is merely an obvious variation of something that has been done before. The issue has been raised in recent years by Amazon.com's one-click shopping method and Priceline's auctioning method -- are these obvious ways of doing something, or are they new enough to be patentable? It seems obvious that the same legal questions raised in these cases would apply in the plan the questioner is considering. You may find this Google search useful: ://www.google.com/search?hl=es&q=patent+law+%22business+process%22+amazon.com&btnG=B%FAsqueda+en+Google&lr= |
Subject:
Re: patenting a business process
From: hedgie-ga on 29 May 2002 08:17 PDT |
A device as described (asking to dial 1 or asking ANYTHING ELSE) would not be patentable as explained e.g. here:http://www.webpatent.com/knowbase/evaluate/egs/exm11110.htm namely: Why - Contrary to Public Order In all jurisdictions, patentability rules require that an invention be "useful" to society in a broad sense of that word. AND:The Telephone Consumer Protection Act The Telephone Consumer Protection Act (TCPA), a federal law, imposes restrictions on the use of automatic telephone dialing systems (also called autodialers), artificial or prerecorded voice messages, and fax machines to send unsolicited advertisements see e.g.: http://www.the-dma.org/consumers/telephoneconsumerprotectionact.htm It may be easier to just get a job - see e.g: http://www.gnmagazine.org/booklets/bk17/career.html |
Subject:
Re: patenting a business process
From: headsetsdotcom-ga on 30 May 2002 12:55 PDT |
Thanks mvguy. I got what I wanted from the researcher, I also got some bonus stuff from you that was useful too. Appreciated. |
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