Hi, I own a patent for a website idea. And another website has been set up which is exactly the same as the patent, the website owner does not respond to my emails or attempts at contact. What should I do? Shmoe
A patent for a website idea? Where is that patent registered? Did you provide him with the patent number? Anyway, I would probably ignore someone who claimed the had a patent on a website idea as well. I don't think that even exists. But I have been wrong before so please give some more info. Anyway, why not just go to the attorney who helped you get the patent?
Well, It is a uspto patent (US PATENT OFFICE) I got the lawyer from google adsense ad - cost me 180$ for him to file it (i am in uk). However he said it would cost me 300$ for him to contact the website owner - not worth it. I patented the idea for example you could patent - "online image sharing user to user" - bit rubbish but if anyone made a site like that they would infringe on the patent. Shmoe
Very interesting. Do you mind sharing you patent number, I would be very interested to read one on website idea. You can PM it if you prefer. $180 for a patent sounds pretty low.
Isn't that called photobucket? Rapidhsare? Tinypick? MSN messenger file sharing? and countless other web applications and computer programs? Good luck with your patent.
Hello, First things 1st, I think the guy you used is a fraud. Usually it costs a lot mroe simply because they have to perform a preliminary search, then file it so on. Also, if someone in fact did infringe upon it any lawyer should be able to help you gladly and no cost, find a lawyer who will take a case on a only paid if they win basis. If indeed the patent is legit and someone infringed on it any lawyer would be glad to take it simply because it has dollar signs wrote on it.
The last time I check, it is to the tune of $40k, I never would expect a patent filing to be so cheap.
The initial filing fee for a US utility patent application is $155, assuming you qualify as a "Small Entity". That's the very minimum it would cost, just to submit the application. That doesn't include the continuing expenses as the patent is prosecuted - as wisdomtool points out, it can end up costing $1000s of dollars. It's extraordinarily unlikely that an attorney would be willing to prepare and file a patent application for you for only $25 ($180 less $155), so I'm sorry to say that you may have been scammed. The other issue is whether you have had a patent actually issued yet. Simply filing a patent application doesn't mean that you will actually be granted a patent. It can take years of back-and-forth between you (or your patent agent) and the USPTO before a patent actually issues (they currently approximate 24 months for your application just to be processed). Take, for example, Jeffrey Bezos's patent for "Internet-based customer referral system". The application was filed June 27, 1997, but wasn't granted until Feb. 22, 2000. That's almost 3 years, and you can be sure that Amazon.com had a team of patent attorneys working on it. If you really have a patent, you should be able to find it in a search of the USPTO patent database: http://www.uspto.gov/patft/index.html Note that applications don't end up in the "Published Applications" database immediately. Oh, and I believe the USPTO also maintains a list of registered patent agents and attorneys. You should be sure that your attorney's name is on that list.
It is a temporary patent that gives me "patent pending". The lawyer is a registered one on the uspto website. The example I gave before was not my patent. Shmoe
I just had an idea, I would like to do some kind of deal with him, to show I am serious do you think it would be too much to contact his hosting?
Depending on the hosting company, some company would want a warrant before they take down a site, some hosting companies would take down one at the slightest hint of troubles.
This is a huge hosting company, I think they will have their own SOP when dealing with such situation, send them an official email detailing the infringement and see what they have to say on this. Best of luck!
If you are not willing to let an attorney handle it, I doubt it is worth your time. I would simply ignore your patent claim unless you instituted legal action. No host is going to read your patent to determine its breadth and determine its legality. They would be subjecting themselves to liability.
this is called a provisional patent. And yes, it does allow you to say "patent pending" but in no way guarantees you would be offered a full patent. Indeed, I think a provisional patent basically only proves when you had your idea and that's it. (Note: I'm not a lawyer! But I have filed my own provisional patent.) BTW, check this but I think a provisional patent is good for one year.