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Is it Patentable?
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   Data and lead distribution. Patentable
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   Author  Topic: Data and lead distribution. Patentable  (Read 444 times)
Fred Moyse
Data and lead distribution. Patentable
« on: Dec 22nd, 2005, 1:14pm »
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Hi. I've got a business idea that involves a multi step interactive process used in the generation of leads for businesspeople. The system is not hard to duplicate, but is new and not used by any other competitor at this time. The concept, I feel, will be so successful that other websites could copy and incorporate my concept. The only reason I would want to patent it is to prevent competitors from using my idea for themselves, once they see how well it works.
Since the process is so easy to duplicate and is only based on what is at this time 5 steps, is it patentable? If you think it is, what are your suggestions to successfully patent the process. Are there other routes to go to achieve my objective?
Thank you very much in advance.
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Posts: 2584
Re: Data and lead distribution. Patentable
« Reply #1 on: Dec 22nd, 2005, 1:26pm »
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If the steps are performed entirely in the mind of a person (or with no more than the use of pen and paper), you're going to have an uphill battle getting a patent.  If you get past that hurdle, you're still going to have to get around objections that your idea (as expressed in your patent application in the claims) is not novel and/or is obvious.  Even if no one is using your method now, any historical use or published description of your method can prevent you from getting your patent.
Is it patentable?  Who knows?  We'll know in about 3-5 years.  I think you're going to have challenges with that idea, but you may be able to overcome those challenges.
Another thing to consider is trade secret.  You can use your method yourself and be a great salesperson and keep your secret ... well, secret.  You can hire people to do sales for you and use your method under strict NDA.  However, how will you be able to detect use of those methods when your employees move on?  
I'm sorry the answer isn't more specific.  Perhaps you'll have more specific questions later.
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James D. Ivey
Law Offices of James D. Ivey
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