patents

[dynamic08]

Is twitter patented? Or can an idea such as this not be patented?

 

you need to have some to sue an infringement.

http://www.forbes.com/sites/michael...tter-wont-sue-over-patents-it-doesnt-own-any/

 

[Paul_Rosser]

I doubt the idea could be patented, some of the code they used to create the site possibly could be.

 

[dynamic08]

So how to stop copy cats then? from my reading of patents its rather

a, complex
b, expensive
c, waste of time

 

[Paul_Rosser]

Stopping people copying the site 'idea' isn't that possible, you can however patent elements of the site such as if you offer a unique way of searching etc

However with the new patent box legislation coming in next april a lot of firms are patenting products/software not so much as protection from copying, but to obtain better corporation tax rates.

 

[Subbynet]

It could be patented in some countries, but at the moment the UK doesn't really enforce any software patents. (Unless under very special circumstances!)

 

[Paul_Rosser]

As the UK isn't the best for software patents a number of our clients go for european patents instead as they can then apply for a UK patent afterwards and this makes the process a lot easier.

 

[Subbynet]

So how to stop copy cats then? from my reading of patents its rather

a, complex
b, expensive
c, waste of time

You have it in one. Don't think this is a mistake, its pretty much by design to happen this way, which puts the Barriers to Entry much higher for competitors.

The whole affair needs readdressing, as its been a long time since the Patent system done what its designed to do.


http://en.wikipedia.org/wiki/Barriers_to_entry

 

[cjm1982]

So, in general I presume it is very difficult to patent an idea, as such? For example, a unique use of pre-existing technology would presumably be impossible to protect through patents?
I was surprised to read once that the guy who first introduced under-table cameras for poker TV coverage apparently has a patent preventing others from using the same concept without paying him for the privilege. But in terms of technology, surely he wasn't particularly inventing anything new, just putting pre-existing camera technology to clever use?

 

[Paul_Rosser]

So, in general I presume it is very difficult to patent an idea, as such? For example, a unique use of pre-existing technology would presumably be impossible to protect through patents?
I was surprised to read once that the guy who first introduced under-table cameras for poker TV coverage apparently has a patent preventing others from using the same concept without paying him for the privilege. But in terms of technology, surely he wasn't particularly inventing anything new, just putting pre-existing camera technology to clever use?

It's not impossible but really depends what you are looking to patent. The current patent law in the UK is not really designed for software, so if you are looking at patents speak to an expert and they will probably advise you to get a european patent first, but this can costs quite a bit of cash.

However if you think your idea is patent'able then it may qualify for R&D tax relief, which is how some startups fund the cost of getting a patent.

 

[Team Leith Training]

I believe you can protect an invention but not an idea.
Another example is you could not market a drink under the coca cola brand. But if you discovered the blend. You could make it but sell it under a different name.
I have a friend who is a patents attourney but for pharnaceuticals. Thats another interesting game in itself

 

[Paul_Rosser]

I believe you can protect an invention but not an idea.
Another example is you could not market a drink under the coca cola brand. But if you discovered the blend. You could make it but sell it under a different name.

I would imagine coca cola have the formula for their products covered by patents, but as with most patents you could change just enough to get round it.

 

[Subbynet]

Recipes (like Coca-Cola) cannot be Patented, or Copyrighted as its just a list of facts. None of which is an invention, or shows Creativity in itself. This is why the company keeps the recipe a secret known only to a select few staff.

 

Recipes (like Coca-Cola) cannot be Patented, or Copyrighted as its just a list of facts. None of which is an invention, or shows Creativity in itself. This is why the company keeps the recipe a secret known only to a select few staff.

Although you are right in that you can not patent a formula.

you can patent an application of that formula ,which is what coke would have done I expect.

 

[Subbynet]

Although you are right in that you can not patent a formula.

you can patent an application of that formula ,which is what coke would have done I expect.

You can't patent drinking it. So I'd wonder what patent they hold which applies here.

 

[Paul_Rosser]

Taken from - http://zvulony.ca/2010/articles/intellectual-property-law/understanding-intellectual-property-law/

"The original formula for making Coca-Cola was patented in 1893. But when the formula changed, the company did not choose to patent the formula again. The reason for this is simple: if Coca-Cola were to patent its formula, the formula would become known to others, and once the patent expired, anyone could use it. It is possible to copyright a formula, but that would also make it known to the public"

 

Taken from - http://zvulony.ca/2010/articles/intellectual-property-law/understanding-intellectual-property-law/

"The original formula for making Coca-Cola was patented in 1893. But when the formula changed, the company did not choose to patent the formula again. The reason for this is simple: if Coca-Cola were to patent its formula, the formula would become known to others, and once the patent expired, anyone could use it. It is possible to copyright a formula, but that would also make it known to the public"

Interesting read.

I would think that coke would have to reveal its ingredients to a food health body.I also thought foodstuffs had to publish the ingredients on the product.

Seems its not quite so secret as they would have us believe.

Probably a bit of PR hype,sure there are plenty of labs that could analyise the product.

http://en.wikipedia.org/wiki/Coca-Cola_formula#Purported_secret_recipes