Can you patent a website Concept? i probably should ask a lawyer but just curious if anyone knows here.
No, that is not the best way to protect a normal website. If you have some technical process, you could theoretically file for a patent, but in all likelihood that is not what you need. As for someone copying an idea, welcome to capitalism, and just make sure your execution of the idea is best. People seem to think they can own a website idea or concept - to the exclusion of others. There is nothing to stop people from competing with you on an idea. There are few instances where this is not true, but in 99% of cases there is no basis nor justification for a patent on a website idea.
Browntwn, I see what you're getting at, and many web sites, I suppose, would gain little from patenting, although I could see how the digg or StumbleUpon algorithms, for instance, could have been patented. (There's also the design patent for the look-and-feel, but that's another matter...)
I doubt there is anything patentable about Digg or Stuble anyhow, but even if there were, the Digg like websites are not the ones posting here on DP for free legal advice. At least that is my take on it. I freely acknowledge that some websites may have something patentable - unlikely that they would be asking for advice here.
you can patent a "business method" - ie google adword (as a business method) or an innovation, similar to the business method but has an innovative next step...but you cant patent a website...you can only patent the process, not the design, but the method. you can create intellectual property rights to the concept and sell a licencing right. similar to software. or a template. if its just a website your automatically protected under the copyright act to that country you reside and host. you can sell the copyrighted material under a reproduction license. you can extend protection by registering it with the American copyright council along w/ all derivatives thereafter. patents are useless unless they overcome a real resistance. the guy who invented the saltwater fuel system is someone who would benefit from it - the guy who designs another shovel, is less likely to find a great supply demand in his market. imho and then theres software...well upon publishing that then in 1min flat an innovation patent will be lodged on it and more likely it would be developed faster than you can get it to market. being first to market is better than getting lots of patents for $1000's of dollars that may not guarantee success - unless...its unique to the world. hope that helps
Thank you very much Soldm8 I really appreciate the input If anyone disagrees with Soldm8 please share your input.
Pretty much sums it up. A website is merely the marketing medium like TV, or Radio. You can protect the content because the words are truly the only thing you really own. You are renting everything else.
A lot of it does not apply to US law. There is no "innovation patent" for example, I think that is an Austrailian legal provision.
eventually your concept will be copied and probably do even better than yours. being copied is inevitable i must say