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All Questions in Patent Process >> Business Process/Software Patents

Business Process/Software Patents

Posted by Anonymous . updated on 2/26/2009
I'm interested in the field of auctions on the internet, and I'd like to find out a few things about how new ideas on the internet auction model can be patented.


I'd like to know how one goes about the process of finding out if :
1. A patent already exists in a certain field
2. How a new process can be patented (if possible)
3. If a new process is patentable, how to go about filing a patent for this.
4. Can a new business process be patented in this field?

I am prepared to pay for these services, and i'd like to know what kind of attributes I should look for in an patent attorney.

I know that an idea is worthless unless a businesss is stated around it, and it's something I'd be prepared to do - if the idea was patentable.

Thanks for your help.
Answers (2)
 
Wiscagent
Generally, in the U.S. business methods are allowable subject matter for patents.  Your invention must be novel, non-obvious and useful in order to be patentable.  

You mentioned an auction ?model?.  You should probably apply for a method or system of conducting an auction, or some particular type of equipment that would allow you to conduct the auction.  A model by itself may not be patentable.

There are many U.S. patents for various aspects of conducting auctions.  If you do a search in the patent office (United States Patent and Trademark Office or USPTO) web site for patents in class 705, and the word ?auction? in the title, claims, or abstract, you?ll find that 16 patents have been issued already this year.  Here?s the search string:

isd/2005$ and (ttl/auction or abst/auction or aclm/auction) and ccl/705$

You asked what kind of attributes to look for in a patent attorney.  If your invention largely relates to electronic devices or to computer software, you should focus on a patent agent or attorney who has that background and experience.  If the invention is of a more general business nature, most patent agents or attorneys should be able to handle the case.

If at this time you want just want to hire a professional to write and prosecute your patent application, then either a patent attorney or a patent agent may be equally well qualified.  If you want to use the same individual to help you set up a partnership or corporation, negotiate contracts, etc. then you need a patent attorney licensed in your state.

I suggest that you conduct some searches on the patent office web site and look at the patents that have been granted.  If you see some that look particularly well written, contact the patent agent or attorney who wrote the application ? the individual or firm is listed on the patent.  It may be convenient, but it is certainly not necessary for the patent agent or attorney to be located near you.

Best of luck,


Richard Tanzer
patent agent
 
 
philmcn...
Thank your for your response. It is very helpful.
 
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