Can you patent website functionality? This article discusses the advantages and disadvantages of this process. In addition, it examines the Requirements and Cost of patenting your website functionality. If you’re considering patenting your website’s functionality, here are the most important steps to take before filing for patent protection. You can also find other helpful resources in this article. After reading it, you’ll be better equipped to decide whether you should patent your website’s functionality.

Protecting Ideas

Ideas on web site functionality can be protected by a patent, while expressions are protected by a copyright. Therefore, if you have a general idea for an innovative website or software process, you should protect it as good ideas do tend to be copied, and do get protection as soon as you have something of value to protect.

While most companies can probably find a business process or piece of software on their website to patent, companies should keep in mind that it is very time-consuming and costly to obtain patents on website ideas. There is no guarantee that the patent application will be successful in the end. For smaller businesses, other types of protection can be sought that may be more appealing than a patent. However, for large companies, such as Amazon, Samsung, and Panasonic, filing for patent protection is the norm so you can see the value of patenting your web site.

Patent protection is very important for companies wishing to create long-term value in their company. Not only does the website idea or business process provide your company with a competitive edge, but it is often crucial for specific business functions, assisting the company in its daily business operations. For that reason, it is a good idea to consult an experienced lawyer to help you with your IP protection.

How to Patent a Website Invention

If you want to learn how to patent a website idea, it is important that you understand the steps necessary to protect your website idea from others who may try to profit from your idea. For example, a utility patent is the most common type of patent. It covers the functional aspects of an invention. On the other hand, for ornamental features such as user interface or icons, they can be protected as design patents.

In order for an invention to qualify for patent protection, it must be useful, new, and non-obvious. This means that it must have some sort of purpose or otherwise be useful to potential consumers. It must be new, which means that the invention cannot be similar to another invention already patented. Lastly, it must be non-obvious, meaning that it cannot be an obvious combination of other inventions. These three factors — useful, new, and non-obvious — hold true for website ideas too.

Before patenting your website idea, you’ll want to ensure that your idea qualifies for patent protection.  You can do so by searching the United State Patent and Trademark Office (USPTO) website. On this site, you can find lists of website ideas that may not qualify for patent protection. Most importantly, your idea must be practical and straightforward.

The USPTO has determined that software can be protected by a patent in certain circumstances. U.S. companies can apply for patent protection of innovative processes that exist on their apps and websites. These business methods are patent-qualified, as several companies, including Amazon, have secured patents for specific processes identified on their websites. With the ever-growing changes in technology, companies are competing with one another to find new and creative ways to increase profits and sales while eliminating the hassle and length of time it may take to purchase products on these websites.

Patenting software is a topic of significant controversy in recent years. It has been suggested that patenting software inhibits innovation, rather than allowing “open source” software that other developers can build upon.

Recently, many patents have been given to internet-based companies for what is referred to as “business methods.” These are sought when special software is developed for doing business in a new, innovative way. Since technology-based businesses are extremely competitive, it is increasingly important to protect software innovations that can increase the company’s market share.

Amazon’s “One Click Checkout” is a good example of a business method that is eligible for patent protection. This was challenged by Barnes and Noble, who employed a similar checkout system on their own website. Amazon and Barnes and Noble ended up in court over this software technology.

steps to patenting a website functionality

Patenting website functionality requires a few steps. First, you must file an application with the USPTO. You may qualify to patent your website if it meets certain criteria. The complexity and type of your website will determine the filing fee. After filing, you will receive correspondence from the USPTO. You will need to respond to these communications within a short time frame. Eventually, you can receive your patent.

Besides the written description, you need to prepare the illustrations and the process of software generation. These will help the patent examiner to understand the exact workings of your website. Moreover, you should draft more than one claim. Because software patent laws change frequently, you may want to work with a patent attorney who specializes in software inventions. However, it is possible to prepare an application on your own, but it’s best to get the services of a professional patent attorney who can guide you through the process.

There are many ways to protect an idea for a website. It may be possible to patent the functionality of a website. Utility patents may be granted for data structures, functional processing steps, and connectivity to other systems. Design patents and copyrights can be used to protect the design and appearance of websites. You can also protect trade mark and trade dress elements on a website. To protect your work, you should consult an expert in intellectual property law.

Yes, it is possible to patent a new website. The sequence of screens, menu sequences, interface and any other novel elements can all be patentable. It’s difficult to know exactly what you are thinking so it’s hard to know if you have something that the U.S. Patent and Trademark Office would consider non-obvious. Ask a patent attorney who has experience in software and websites. To minimize the chance of the patent application being invalidated by a Bilski challenge, it is crucial that it be properly drafted. Bilski refers to a Supreme Court case in which a particular business method patent was found invalid.

For this reason, it’s usually large companies with deep pockets that find it worthwhile to seek patents. If you are running a small website or internet business, you may find that other methods of intellectual property protection are better suited to your particular situation.

After you’ve determined that you are qualified for patent protection, you can begin the patent application process on the USPTO website. You will have to file a patent application with the USPTO, along with all required fees. Keep in mind that, in the application, you’ll have to prove that the website is unique and not merely a duplicate of another website. You should be detailed in your application, as this is a software-related patent application, which is different from most other types of patents.

To patent your website idea or invention, you must write claims that detail what you want to protect and your rationale for needing protection on this type of intellectual property. You’ll need to be careful with these claims because patent laws change often, especially with regard to software and other quickly-changing technology.

With a software or website patent application, you’ll want to prepare diagrams and drawings of your website when filing the application. When drafting the diagrams, consider the user interface itself, the software-generated process, and the administrative screens/codes/software used to maintain the website:

  • The term “user interface” refers to what users see while visiting the website, and you will need to document how this interface looks and operates in various user situations.
  • The software’s processes for creating this user interface need to be described in detail as well; this may involve flowcharts, system diagrams, database diagrams, and more.
  • “Back office,” or “back end,” refers to the administrative screens that are used to maintain the website, add content, and make updates and changes. This will not be visible to the end user, but only to employees and developers. Despite this, it is no less important than the “front end,” or user interface.

Since there are many unique business processes involved in your website, you want to keep each one distinct, showcasing the unique methods and processes utilized and how your website came together. The more specific and detailed you can be, the higher your chance of obtaining patent protection. Always be mindful that you can hire a qualified patent attorney to assist you with preparing your application. You can even hire a professional to assist with the drawings, flowcharts, and diagrams; this person may be able to better illustrate your website and form a persuasive and cohesive outline.

Make sure you include diagrams and drawings that are relevant to the website idea, which can be uploaded electronically if filing online. Once your application is complete, you’ll need to convert the entire application, including the drawings, to PDF format before uploading to the USPTO website.

While your application is being filed, owners of websites or software and business ideas must protect those inventions from being stolen or exploited by other people who are out to profit from others’ ideas. Protecting your intellectual property should also keep your customers from being misled by what is being offered. Mistakes in this regard can ruin any chances you have of profiting from your inventions and ideas.

Once you have proven that your website idea is unique, you can apply for the patent. If you receive any correspondence from the Patent Office, you need to respond to it right away, answering any questions or giving all of the additional information they request.  If your application is rejected, you’ll have to argue your claim by providing additional proof as to why it should, in fact, be protected by a patent. If you are unable to furnish additional proof, you may want to consider hiring a patent attorney who can assist you in the process

Provisional Patent Applications for Websites

A provisional patent application is filed with the USPTO and establishes an early filing date, but doesn’t amount to a formal patent application unless and until the applicant files a non-provisional patent application within the 12 months subsequent to filing the non-provisional patent. A provisional patent application is both less detailed and less costly. Immediately after you file your provisional patent application, you can indicate that your website idea is patent pending. During this time period, you can develop your website idea even further and turn your provisional patent application into a formal non-provisional patent application. You can file a provisional patent application without filing a formal patent claim or oath, and only need to identify the inventors in a form.

For founders with limited budget, you have the option to file a provisional patent application which preserves your priority date but not examined. This was done to offer a cheaper first patent filing in the United States and give U.S. applicants equal status with foreign applicants under the GATT Uruguay Round Agreements.

A provisional patent application (provisional request) is a U.S.-based national application that was filed with the USPTO under 35 U.S.C. § 111(b). A provisional application does not need to include a formal patent claim, oath, or declaration. Provisional applications should not contain any information disclosure (prior art), as they are not subject to examination. Provisional applications allow you to set an effective filing date for a later nonprovisional patent application that was filed under 35 U.S.C. § 111(a). It allows for the use of the term “Patent Pending”, in conjunction with the description.

A provisional patent application has a 12-month pendency from the filing date. The 12-month pendency cannot be extended. To benefit from the earlier filing, a provisional applicant must file a nonprovisional patent application (nonprovisional) within the 12-month period. A nonprovisional request that was filed after the filing of the provisional applications but before the filing of the provisional applications, within 12 months, can be restored to the benefit of the provisional filings. This will include a statement that the delay was not intentional and the petition fee.

Copyrights for Websites

The concept of copyright is different than the patent itself. In simple terms, you can’t copyright the idea or concept itself, but you can copyright the expression or design of the website and the code that runs the website. A copyright protects a specific expression — i.e. text, photography, music, etc. The code of the website falls under the text category and is copyrighted the moment the author writes it. Therefore, copyrights don’t generally need to be registered. But before you enforce your copyright in a federal, you need to register your work with the US Copyright Office. You’ll be able to put your rights in the public record and receive a certificate of registration. You must have registered your copyright before you can file a copyright violation case. If a lawsuit is won, a website that has a registered copyright could be eligible for statutory damages as well as attorney’s fees.

To Register for a Copyright, either you must be the original author or the original author must grant permission to you to register a copyright. Remember that website creation often involves collaboration among developers, designers, photographers, and content writers. There may be shades of gray when it comes to ownership. You can avoid potential legal problems and confusion by making sure that your agreements with contractors who provide these services are as clear as you can about who owns the work created when building your website.

Go to the U.S. Copyright Office’s online Registration Portal to register for a copyright on your website.

As with any business concern or issue that is legal in nature, it’s a good idea to consult an attorney to make sure you are taking all the necessary steps to protect your website as well as your brand’s assets.