: Should I patent a web application before launching it? While discussing a website idea I had with friends and worked on it, they told me to be wary of theft regarding the website. Since
While discussing a website idea I had with friends and worked on it, they told me to be wary of theft regarding the website. Since the code I'd be working on would be mostly JavaScript and HTML, the likelihood of theft is quite high. Furthermore, if I'm lucky, the idea I have would be a breakthrough when it comes to being useful.
So, you can see the problem here: I would be developing an application that's easily stolen, and unfortunately an application that companies larger than myself would want to provide.
I'm also unsure if this idea has already been patented. I realize patent law is murky, as in you can create a vague patent and still claim others are violating it.
So, I'd like to search existing patents for one that may be relevant to my idea, and I'd like to patent it in the meantime.
Does anyone have any experience regarding this? Should I invite a lawyer into the mix?
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SoreThumb, I'll tell you the cold heart truth: Your idea, is most likely - not good, unoriginal and not something that is hard to architect, if this idea is so revolutionary, someone else probably thought about it, and executed it, most likely - better than you, by yourself can.
as an entrepreneur, writing some code, is the least of your concerns, the big concern is writing a little code and make sure that it's utilized.
It sounds that I'm against you, and trying to put you down, but the contrary is the truth, build what you want without the fear of losing, if you'll execute it moderately, you'll get to the next level where you'll need to think about patenting what it is that you do.
The question whether to patent something is about whether you have a free 15,000$ to spend on a patent application. In many cases it might be more useful to spend that money on programmers to actually get your website out there and attract users.
It's not so much a question about theft protection. Javascript and Html code is already protected by copyright. If someone just takes your Javascript you can sue them even if you don't have a patent.
SoreThumb, it really depends on what you are trying to do. Its very common for people to think their idea is patentable, when it really isn't. Also, think about it.. if you patent it, and put it on the web, anybody from another country can choose to copy it.. (unless you restrict access.. but there' still some vulnerability). Will you have the resources to pursue them legally? Will you even get any results (more often than not, you won't). That's why, its REALLY not good to rely on your patent solely as a competitive advantage.. you will lose. Branding, your unique selling point, your edge and strategy to continually innovate is what will keep you winning.
Its so common for aspiring entrepreneurs to be paranoid about the security of their idea, but unless you really have something technically unique, don't worry about it too much.. spend mind power on the more important issues.. like is this really going to make me money? How will I stay competitive? etc. These are harder questions to answer and its really what matters.
Remember, no matter what, you will ALWAYS have competition if its a money maker. If you DON'T have competition, your in the wrong business (just common sense). (Actually, you NEVER really have NO competition, there's always an alternative). People will always try to copy you if what your doing is great and makes bank. So again, focus on the more important questions.
Do you even know if its a money maker yet? If you don't, create a protoype (with restricted access), show it around to prospective customers, then when you have proof, invest your $ to get a programmer to harden it up and move up in stages.
Hope that helps.
You can use JavaScript encryption or other tools to encrypt your code. Moreover, the web is an open community where there are many people who will use your code in any part of the globe and you will never know it. Then why should you need a lawyer?
Not every country honors patents. Even if you patent your idea, if your idea has profit potential, someone is going to steal it. You can make it harder to steal by moving enough parts of your logic to the server-side that it's more difficult to piece together with client-side script alone.
You definitely will want to get a IP lawyer involved.
When I looked into this process a couple years ago, the initial cost for a patent search was ,000-,000. The entire patent application process was going to be at least ,000. You will also have to document the entire application inside and out for your lawyer.
I also learned that as soon as you make your web app public, if you don't have a patent already, it is no longer patentable in most countries. You do have up to one year after making the site public to file a patent application in the US, Australia, and (I believe) Canada, but for all other countries you are out of luck.
For some protection against copy-and-paste stealing of your HTML and JS, you can look into obfuscation, but if someone really wants the site, they will find a way to get it.
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