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Patent Rights?
Posted by Pablo Ambram. updated on 3/4/2010
In a previous startup experience in Colombia with partners, we filed for Colombian copyright protection for a descriptive manual detailing our product. The product is basically a software application to be used online, and the manual has all the information on how the software works and it's objectives and intentions. This was over 2 years ago.
I would like to file for a patent in the US today for a method of conducting business that is based on that manual about 80% (after all I created the manual, but regrettably for me, my partners have the that patent for it). Ideally I would file for the business model behind the software, in seeking ampler protection.
For ease of thought, imagine this metaphor: Someone files to copyright the manual in Colombia on how Ebay works (before Ebay). Then, Ebay files for patent in the US years later, trying to protect the method of business (the online bidding, etc), rather than just copyrighting the software. They would ideally want to protect against competition in the form of online bidding agencies in general.
Is this doable? Does that first copyright in Latin America consitute Prior Art? If so, what's the way around this? Can I file for provisional patent on this idea?
Answers (2)
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Sudhir ...
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Sanna, is absolutely right your copyright would work as prior art against your patent (if filed) upto 80% of the invention and for rest you can claim right being modification. ordinarily in copyright you disclose the coding patterns etc. which may not be relevant against you if you are attempting to claim a system with method limitation and a corresponding method with system limitations. a careful drafting will also brighten your chances to obtain the patent rights in other countries, as you wont be claiming the software per se in that invention (as you had disclosed same under copyright)
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Sanaa T...
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unquestionably yes, as you have answered your own question the previous copyrighted work would constitute prior art. filing a provisional would be of no use in this situation as you would have to convert to utility sooner or later, you can apply for a utility patent application directly and take your chances once you receive an office action and decide how to respond to it. At the most one or two claims may be allowed in the rarest of circumstances
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