Is it Possible to Patent a Special Type of Sales Process?

The Paypal process is patented, as are other interactions using the internet. I imagine some sales processes are patentable.

http://en.wikipedia.org/wiki/PayPal#Litigation

thank you!

You're very welcome.

You might want to consider filing a provisional patent:

http://www.uspto.gov/patents/resources/types/provapp.jsp

One of the advantages of a provisional patent is (from the website linked above):

"Enables immediate commercial promotion of the invention with greater security against having the invention stolen;"

You can get help filing a provisional patent from LegalZoom and other on-line lawyering websites. Provisional patents aren't that expensive, from what I've heard.

thank you...

dang if that didn't make my eyes roll back in my head....

I had to listen to this to get back to reality..

chris

Hey Chris,

I remember reading somewhere that the idea/procedure/device has to be proprietary and unique and cannot be something common like breathing, walking, signing a document, putting your socks on, ect.

You may want to consider consulting with a patent attorney. For a small fee (or perhaps even free) you should be able to get a qualified answer.

Best of luck to you on your endeavour!

I agree. I'm just wondering where exactly the line gets drawn, as it a novel idea, but results in just basically a legal agreement. It the process to get to the agreement that i think is unique, the structuring of the plan. sorry I can't be more forthcoming at the moment.

I agree with BruceFlorida. Having a patent only means something if you are willing to litigate if you feel infringed upon.

It's like playing poker and paying a lawyer to deal the cards.

Sorry.

rofl

If the idea is novel and there is real merit in protecting it, then there might be better protection in copyright law.

The other idea is that you create a "franchise" process where (for a fee) you liscence others to follow your model.

A patent on the combined actions of "conveyancing" might not be possible. Also, as patent owner, you might also personally cary the risk for any failures caused (or felt to be casued) by your invention. [For instance loss of income caused by your system might be directly targeted to you.]

I have three worldwide patents listing me as the "inventor", lodged by my former employer.

Good luck.

thank you. warning noted.

chris

You can copyright the process if all it involves is a written contract. I have done it for SCADA software developed by our company and it is relatively cheap. No one actually has to review your process but you do have to be able to demonstrate authorship at a specified time. You can do all Canada, and USA for about $300.00. That was about four years ago. We had a lawyer write our plan but all he did was file it. I always said I would do it on my own as there really is no one reading the stuff. Just registering it legally.

What I don't know is whether someone could infringe on your idea even if it is copyright. You will have to back up any challenges if they are made. Good Luck sounds like something I could use soon.

"Good Luck sounds like something I could use soon."

thought you were happily retired and living the good life on wolfe island?

I am but still have a second house to sell. I think it will turn over quick once I put it on the market. I would be willing to be a guinea pig for a new system if I like the idea. No mortgage involved.

lol... wouldn't we all like to not have mortgages!

cheers,

Chris

To whom would this be marketed? and who does it benefit?

Can it be written as a software pgm?

Does it's implementation require any special credentials/knowledge/expertise?

while software could eventually be used to simplify it, it is a marketing strategy that is not currently in use, based on what I can tell. software is probably not the main focus of the system, but it will involve calcs. the market is large.

once the system is proven, it would not require expertise or special credentials, other than what is already in common usage.

thanks

Chris

once the system is proven, it would not require expertise or special credentials, other than what is already in common usage.

Chris, there is your answer. You may or may not have a patentable idea, but if it can be implemented with no special expertise, your patent defense costs will kill any profitability except for the litigation team of attorneys. Go ahead with the patent, if you wish, to keep someone else from patenting it and trying to block your use, but face the fact that defense will be a nightmare.

You might want to think in terms of forget the patent. Instead think how to promote and sell your system in such a way as to overwhelm the market - get all your ducks lined up for a fast ramp up to grab a solid portion of the market before the competition begins to intrude. You won't get every last bit of business but you could amass a lot of wealth without *officially* owning the process.

Think Mail order catalogues, computer operating systems, Pet Rock, Frisbee,... all original ideas which got copied but still made fortunes for their originators. After all, how much money do you need?

Good advice from everyone here, but I had an additional thought.

I can't imagine that there is a "sales process" that hasn't been previously thought of and used somewhere. If it has been used somewhere previously in your market area it may now reside in the public domain.

I think I would probably do a ton of research before investing any money in the patent process.

Just a thought,

Hooker

Thats also good advice from Hooker. The patents databases are not an exclusive source of information concerning previously used sales processes but maybe you can at least do a quick U.S. search on www.freepatentsonline.com. As for Paypal, eBay's patents could also be a source of inspiration.

While it is true that the exploitation of your future patent may involve your defending it at great costs, you could also find it advantageous to sell it to an organisation that would see it as a real competitive advantage in this market. That could represent a better strategy if you are not willing to involve yourself real deep in the actual implementation of your idea.

Beware that patent agents, and like, may be biased toward patenting (sometime strongly biased). Hence the need for you to really do as much prior research as you possibly can.

Last, should you go for the patent, while drafting it up, be sure to also set your feet in the shoes of someone who would really like to circumvent it.

Have fun !

all good advice. thank you

quite probably true.

thank you

Chris

The Amazon One-Click Purchase Patent

does that come with an Insta-Lawyer? ^{_{in case you want to put your future on layaway}}

some times you can copyright a idea, when in doubt write a description of the process into a letter to yourself and mail it to yourself in a sealed unopened envelope "registered mail," and clearly dated and signed with a witness to the process, that way you may be able to prove your first to conceive of the idea, when in doubt concern a lawyer,

Mitch
retired peugeot mechanic

great idea. thank you.

Chris

Assume that, when you have a good idea, it will take about 2 or 3 years, and your idea will be used by so many people that you can't defend it. So go make the deals and the money to retire NOW. Then start thinking of a new idea, for the next 3 year cycle.

Running with a new idea, the big boys can mostly out-compete you, because they can run on smaller margins for longer than you, with more money behind them. This assumes a big market. If a new idea pertains to a limited market, you may be safe from predation.

Hey chris,

I haven't seen this mentioned. In the US it is first to invent, not first to patent, that gets credit for an invention........I don't know about Canada.

You can mail yourself a certified letter, also you should document your idea in a bound book, (like those black and white composition books), don't skip any pages or leave blank spaces in the description of your idea, within the book, and include everything. Once this step is finished, you want to get it dated, witnessed by a friend you trust, (not a family member), and notarized. Keep it in a safe place.

The next step is to draw up a rock solid NDA, (nondisclosure agreement). This would preclude anyone from using your idea, or sharing it with others, and maybe have an attorney review it.

At this point, you would be able to shop it around to potentially interested parties, (after having them sign the NDA....this is a legally binding document).

If someone is interested, work out some sort of financial compensation for yourself, sign an agreement detailing your payment(s)..........and let them worry about patents and copyrights. You just assign your idea over to them and go to the bank to deposit your money.

PS- If you decide to go this route, you don't want to take the shotgun approach. Do some research on the people you might want to talk to, make a list, from most likely to be interested, to least, and approach them one at a time, starting at the top of the list.

GA although I'm not sure the Chris wants to let go of the reins.

Thanks,

Yeah, chris didn't say if this is something he wants to implement, or just sell.`

If he is just looking to make some money from his idea, this would be something to consider, as patents are are expensive to obtain, and very expensive to protect, should someone try to steal it.

With this approach, he would be spending almost no money, and if someone he spoke to tried to implement it, he would be suing for breach of contract.............much less expensive and easier to prove, and would also garner him compensation.

If he feels strongly about the merit of his idea, a chat with an attorney is almost required to insure he moves forward in the proper manner.

thank you so much DaveB. great answer.

You're welcome.

DaveB