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Topic: Poor mans patent (Read 4278 times) |
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JSonnabend
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Posts: 2251
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Re: Poor mans patent
« Reply #10 on: Nov 29th, 2004, 7:19am » |
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Yep. I didn't read the whole statute before mouthing off.
That being said, what the heck is a "method of doing business" anyway? If I do business by building widgets using a patented machine/method, isn't that a method of doing business? The whole "method of doing business" nomenclature is artificial. Either something is useful, novel and non-obvious or it isn't, isn't it?
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
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JSonnabend@SonnabendLaw.com
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JimIvey
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Senior Member
 
Posts: 2584
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Re: Poor mans patent
« Reply #11 on: Nov 30th, 2004, 10:27pm » |
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Like I said, it's a fix without a problem. I've never heard a definition of "method of doing business" -- not even a laudable attempt at one. If you hear of one, please let me know.
And, yes, the true measure is utility, novelty, and non-obviousness. I think the closest thing I've seen to something I'd call pretty clearly a "business method" is a purportedly novel and non-obvious business entity organization. Something like, "we use employees for tasks typically performed by contractors." Or, "we've organized as a corporation acting as a general partner in a limited liability partnership." Of course, I've modified these statements from what was actually said to me, but they're fairly analogous.
You can see that they have a lot of "problems" in terms of patentability. In the first one, you've got vagueness as to what an employee or subcontractor are (to the extent they depend on ever-changing state laws for definition). In both, they've got serious novelty problems as employees/contractors are arguably known substitutes for one another (same with corporations/partnerships).
But, if you have to read the specific terms of a contract to determine whether you're infringing, it's possible the claim recites something fairly characterized as a "business method." Current cases of which I'm aware don't come anywhere near those circumstances.
Regards.
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| « Last Edit: Jun 29th, 2005, 12:39pm by JimIvey » |
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James D. Ivey
Law Offices of James D. Ivey
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Karen Mckee
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So, what do us poor people do? I have a couple of GREAT ideas, but no money!@!!!
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JimIvey
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Senior Member
Posts: 2584
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Re: Poor mans patent
« Reply #13 on: Jun 8th, 2005, 5:41pm » |
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Here's a place to start:
http://www.isrlaw.com/inventorFAQ.html#1
The bottom line is that someone needs to put money or its equivalent into your project to make money from it. There are people in the business of giving money to new businesses in hopes of sharing in the resulting profits -- i.e., investors.
As intellectual property professionals, we can only help you protect your idea. We typically don't help fund ideas. That's a separate profession altogether.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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