How to go about getting a psychological patten for a business idea.

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Clarification of Question by questionhub-ga on 17 Mar 2006 18:09 PST

Typo Mispelling: Patent not Patten

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Request for Question Clarification by siliconsamurai-ga on 18 Mar 2006 08:27 PST

Could you explain what a "psychological" patent is?

I'm not asking for your idea, just what you mean by 
"psychological patent" - I've never encountered the term
in my dealings with the U.S. PTO. 

If you do, then I can probably provide an answer.

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Clarification of Question by questionhub-ga on 19 Mar 2006 15:11 PST

I have an idea that would work well in business however this is not a
product that I would build but a simple change in a way business is
done. Business would simply apply the change to there businesses
something simple that they could do. Basically what I mean by
"psychological" is the idea itself. For example I've heard Donald
Trumph is trying to get some sort of patent on the term "your fired".
I think something like that would be considered a "psychological
patent" however I'm probably wrong on the lingo. My idea is not a
simple phrase or saying it's more in depth.

Let me know if you have any other questions, thank you.

Hi! Thanks for a very interesting question.

Please take note of the important disclaimer below that Google Answers
is general information only and is not a substitute for sound legal
professional advice. Before making any concrete plans, please consult
a lawyer.

In the end however, it will be the USPTO (United States Patent and
Trademark Office)   who will decide if your application is patentable
or not.


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I think what will be an answer to your need will be falling on the
broad description of Business-Methods Patents. Based on your
clarification, you are looking to implement a new type of business
method based on psychology.

Your clarification is as follows:

?I have an idea that would work well in business however this is not a
product that I would build but a simple change in a way business is
done. Business would simply apply the change to there businesses
something simple that they could do.?


However, this kind of patent is quite arbitrary at the moment
depending upon jurisdiction and is now a subject of great debate. Here
is a basic description of this kind of patent from Wikipedia.


?In general, any invention is eligible for patent protection if passes
the tests of patentable subject matter, novelty, inventive step (or
non-obviousness) and industrial application (or utility).?

?A business method may be defined as ?a method of operating any aspect
of an economic enterprise?"


You can also read some important cases of business-method patents in
this Wikipedia article wherein a landmark case in 1988, State Street
Bank v. Signature Financial Group, Inc., granted a patent for a method
of net asset value calculation. Presently the debate rages on and the
USPTO has continually looked into different comments as regards this
matter. The USPTO has commented that this type of patent is not
limited to technological methods.

?These guidelines assert that a process, including a process for doing
business, must produce a concrete, useful and tangible result in order
to be patentable. It does not matter if the process is within the
traditional technological arts or not. A price for a financial
product, for example, is considered to be a concrete useful and
tangible result.?

?Business method patent?
http://en.wikipedia.org/wiki/Business_method_patent 


Please read the following articles for additional description on this
material that will be of great interest to you.

?What is a "Business-Method Patent"?? by Gregory J. Kirsch
http://www.gigalaw.com/articles/2001-all/kirsch-2001-05-all.html 

?Obtaining a Business Method Patent?
http://www.nolo.com/article.cfm/objectID/C2DBFF26-7097-4B7B-AE36DA00499851EE/111/277/167/ART/


The USPTO has a page on how to go about getting a Business-Method
Patent. The Business Method Patent falls under the category of utility
patents.

?A Guide to Filing A Non-Provisional (Utility) Patent Application?
http://www.uspto.gov/web/offices/pac/utility/utility.htm

?Patent Business Methods? (Papers, Discussions, etc. as regards
Business-Methods Patents)
http://www.uspto.gov/web/menu/pbmethod/


Search terms used:  
Patenting a methodology
Business-Method Patents
Utility patents

I hope these links would help you in your research. Before rating this
answer, please ask for a clarification if you have a question or if
you would need further information.
                                                          
                              
Regards,                              
Easterangel-ga                              
Google Answers Researcher

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Clarification of Answer by easterangel-ga on 19 Mar 2006 18:09 PST

By the way, about Donald Trump and his catch phrase "You're fired", I
think it will be more appropriate for him to get a trademark instead
of a patent. Unless of course, somebody has already registered this
ahead of him.

This will be similar to what NBA coach, Pat Riley, did when he
trademarked the term "three-peat" to refer to three straight
championships.

"Three-peat"
http://en.wikipedia.org/wiki/Three-peat

Regards,
Easterangel-ga

You can't patent, or trademark an IDEA, that's basic to patent law.

Don't waste your time or money trying.