Find solution
What is Website Patenting?

What's the estimated cost for patenting a website?

  • I have been developing a website and I am considering patenting the idea and wanted to understand the potential costs of doing so.

  • Answer:

    I assume you are referring to a website that provides "new features/functionality" (vs website design). The Supreme Court's recent decision in In re Bilski confirmed that even "business method patents" are patentable.  I'd recommend you google "In re Bilski" for articles of interest.  So you can still patent novel and nonobvious functionality of website as methods/processes or systems.   I'd be more concerned about the Supreme Court's decision in KSR which modified the standard for obviousness from being arguably too easy to overcome to arguably becoming too hard to overcome. As a general rule, it has become more difficult to obtain a patent and more difficult to commercialize a patent (Medimmune, EBay, etc.) compared to just a few years ago. That said, they can still be worth the effort.  My company just sold 4 US patents relating location-based networking technologies last November, with a grant back license to my company. If you wish to proceed, costs can range depending on the complexity of the technology, the prior art landscape (assuming reviewed) and the efforts made by the inventors.   I've seen good applications drafted for under $10K, and poor ones drafted at over $40K.  Depends on the inventors, attorney(s) and other factors. Keep in mind there are the initial drafting and filing costs and than likely 2-3 or more years later, the application gets examined which incurs more costs. But that's years away and you can always decide to abandon if doesn't pan out.   Foreign filing can be very expensive, but not recommended for internet-related inventions.  I view the filing of patent applications as merely trying to secure the option of obtaining enforceable exclusive rights in the future.  The following blog article talks about how to save some money when preparing  your patent. MeetingWave Blog: Have a great idea? What about a Patent? http://shar.es/3Ctgt The point of the blog article is simply to save money (and also result in a better patent application). I still always recommend having an attorney or agent review before filing. However, if looking to save $$, don't call your attorney, explain the invention over the phone and have him/her generate the application from scratch. That’s a massive waste of money. Prepare the first draft yourself and have the patent lawyer review and provide comments.  That applies to agreements and other complicated matters -try to do some heavy lifting yourself to reduce the attorney time needed. The primary purpose of filing any application (provisional or nonprovisional) is to secure a filing date for the subject matter disclosed in the application.  I recommend filing a provisional application since cheaper to file and can be updated cheaply throughout the following year SO LONG as it’s as complete as possible so that it can ultimately support any patent claims issuing based on that filing. That is, draft and file the application with details, claims, drawings, etc (i.e., don't skimp) as if a regular application, but file provisionally. Then, during the year, if you come up with any improvements as your product is developed, you can update what you first filed and file a second time and get a second date that can be relied upon for the additional innovations. At the end of the year, you should file the fully updated application as your nonprovisional and any foreign filing.  The provisional application should be complete as possible. Doesn't have to include claims, but drafting claims will provide the structure you need and also a good way to start thinking about different aspects/embodiments or your invention. I usually draft a mega set of claims first and once nearly settled on language/terms, use that to draft the specification. Filing a patent application - The electronic filing system at the USPTO rocks.  Particularly, when compared to the old paper methods with return postcards, lost submissions, etc. http://www.uspto.gov/patents/ebc/index.jsp#heading-1 An inventor can easily file a patent application without even registering on the system: https://sportal.uspto.gov/secure/portal/efs-unregistered Just name, email, type of app, upload PDF, pay via credit card and done. Super easy to file. However, I'd recommend becoming "registered" (you'll be provided with a digital certificate and password) to perform more actions electronically. US Patent office folks at 1-800-786-9199 can answer any questions. I've used them often when learning to use the system.   If need more advice, let me know or search for invites that mention "patent" on meetingwave and you should be able to connect with people who might be willing to offer some free initial advice. Or, send me a note at http://boydipaw.com

John Boyd at Quora Visit the source

Was this solution helpful to you?

Other answers

First of all you cannot patent a website.  If you have a unique algorithm or such piece of software behind the scenes, you might be able to patent that but it is very difficult to do so.  You should read up on Bilski (http://www.patentlyo.com/patent/2010/06/bilski-v-kappos-business-methods-out-software-still-patentable.html) and other recent patent law that asserts that software is not patentable unless it requires 2 or more machines to operate.  Now, that stated, if you have some unique software that have never been created in the past (i.e. run a Prior Art search first) then you MIGHT want to consider a patent. To obtain a patent just in the U.S. costs about $50K and it takes 2-3 years assuming there are no major issues.  That includes your filing charges and the inevitable office actions wherein you fight with a PTO examiner over the uniqueness of your patent.  Going into other countries costs varying amounts of money but your best bet for broad coverage is to file with the EPO (http://www.epo.org/patents/One-Stop-Page.html). I personally do not think software patents are worth the time and effort unless you are a large corporation as I think that Trade Secret protection works just as well, it much less expensive and takes significantly less time.  Check out this thread for more information -

Ken Tola

You can not patent a website. You can patent an idea or the business method only. However, if you want to get a patent, first of all, search for the prior-art if any exists, stop the patent process. Then go for drafting a patent, file a provisional application. After that,, within 12 months, file a non-provisional application.

Rakesh Bansal

I call patents a technology poker game with a $20,000 ante.  You can do it cheaper but in the end, it will cost you all over the place.

David Cain

You cannot patent a website, but you can patent the algorithms that the website uses. However if you do that, it will no longer be a trade secret, so it might jepeardise you. You see the predicament? At least with retail, nobody else has your location, but anyone can buy a new domain name, and compete with you, even though they never took the time, ideas, and investment to get to what you did.

Adisa Nicholson

Related Q & A:

Just Added Q & A:

Find solution

For every problem there is a solution! Proved by Solucija.

  • Got an issue and looking for advice?

  • Ask Solucija to search every corner of the Web for help.

  • Get workable solutions and helpful tips in a moment.

Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.