質問
A friend tells me that technology patents are not really useful for web-based startup companies. Either the patent office doesn't grant patents for web apps and software anymore, or the patent wouldn't be useful anyway. Apparently Amazon has a patent for e-commerce in general? If you can't use a patent like that, why would a startup company go through the trouble of getting a patent in the first place?
回答: 1 公開 & 0 非公開
Hi,
Most patents are not considered money makers. In other words, some top 10% or less make money (royalties). But patents hold value in other ways. For example, a patent may deter a would be competitor from infringing. I tell my clients, not having any IP protection is like a home with doors unlocked. An intruder would target your home as easy prey. Having a patent is like a home that places a security system in. It may deter a would be intruder. Other reasons for wanting a patent: prestige, funding, defensive strategies, and trading cards (negotiation leverage), etc.
Regarding your comments on business method claims and software. It's not true you can't get a patent in these areas. It depends on what you're trying to patent. The interpretation of patentable subject matter under 35 USC 101 is case law depednent. This means a professional has to look at the content of the claims and let you know where case law falls on it. It is true that the courts are trying to reduce over broad patents that appear commonly in the software and business realms. This means harder to get a patent, but not impossible. It varies.
Hope this helps!
Mary
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