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Is it Patentable?
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   Could I patent this idea?
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goldenage
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Could I patent this idea?
« on: Jul 5th, 2005, 6:46pm »
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I have an idea for a business method (A unique E-marketing and Advertising Strategy) which I wish to start my own company based on it.
 
It has not been applied any where in the world. I did a lot of research and couldn't find any Internet based company which can offer anything close to my idea.  
 
Of course like any idea, it needs lots of research and I need to involve people who have the expertise which I might lack. Is it possible to patent such a system or idea? I heard from a lawyer that its not possible in Canada but is possible in the USA. If that's true, could I as an Australia citizen and a Canadian resident patent my idea in the USA and still be able to operate in other countries?  
 
If my idea was accepted and patented would that patent still protect my idea in other countries?
 
Thank you for your reply.
« Last Edit: Jul 5th, 2005, 7:01pm by goldenage » IP Logged
Jonathan
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Re: Could I patent this idea?
« Reply #1 on: Jul 6th, 2005, 8:01am »
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Yes, it is true that one can apply for a business method-type patent in the U.S. and it will not be summarily rejected as non-statutory subject matter as it probably would in Canada or Europe.
 
Whether you would be able to obtain a patent on your idea is another story and beyond the scope of these forums.
 
Yes, you can apply for a patent in the US as an Australian citizen that lives in Canada. Your nationality and residence has no bearing on whether you can apply for a US patent, however.
 
In the context that you eventually do obtain a US patent, that patent protection will not protect your idea in other countries.
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goldenage
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Re: Could I patent this idea?
« Reply #2 on: Jul 6th, 2005, 8:50am »
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on Jul 6th, 2005, 8:01am, Jonathan wrote:
In the context that you eventually do obtain a US patent, that patent protection will not protect your idea in other countries.

Dear Jonathan,  thank you for your kind reply. It was really helpful. In regards to the quote, I am wondering, is there a way to patent my idea internationally? I found this organisation called WIPO http://www.wipo.int could you shed more light on this area for me. It would be greatly appreciated.  Smiley
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Jonathan
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Re: Could I patent this idea?
« Reply #3 on: Jul 6th, 2005, 9:30am »
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Currently, there is no such thing as an international patent. There is, however, a system in place for filing one patent application and that patent application can eventually be used as a basis to transition into as many foreign jurisdictions (that are members of this system) as an applicant would like.
 
This type of application is governed under the rules of the Patent Cooperation Treaty or PCT for short. The application is also commonly referred to as a PCT application or international application.
 
The WIPO is a body that administers the PCT system.
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JimIvey
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  jamesdivey  
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Re: Could I patent this idea?
« Reply #4 on: Jul 6th, 2005, 12:35pm »
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Jonathan's answers were good and complete.  There's just one little thing in the original question that I want to address.
 
Quote:
could I ... patent my idea in the USA and still be able to operate in other countries?

Patents aren't required to "operate" in any country.  In particular, a patent does not convey the right to make, use, or sell anything.  It only conveys the right to stop others from making, using, and selling something.  
 
The point is a subtle one, but important.  If you don't have a patent in Japan, that doesn't prevent you from operating in Japan.  It just prevents you from thwarting off competition in Japan.  
 
It's also a subtle point that, to some degree, patents do act as an enabling resource.  If your business is in a marketplace in which there are some strong competitors with patents blocking your business plans, having your own patent can counteract that.
 
In short, there are exceptions to just about everything we post here.
 
However, understanding what patents are and are not and what they do and don't do is important when deciding in how many countries to file patent applications -- it gets very expensive very quickly.
 
Regards.
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James D. Ivey
Law Offices of James D. Ivey
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