Creating a new way for people to view their home page.

Discussion in 'Legal Issues' started by rmastro85, Jul 20, 2010.

  1. #1
    I am currently trying to create a product on a web page. My site would let you make an account, and voila. From there, my idea (which I am reluctant to give out) take's it's form. At the moment it's going to be more of a service than a business. What I want to know is that would I have to patent the code? Copyright the name of the service? What legal issues will I run into with something of this nature?

    Any information required I will do my best to give without spoiling the actual idea.
     
    rmastro85, Jul 20, 2010 IP
  2. Godly.US

    Godly.US Guest

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    #2
    I too am interested in this, as i recently finished a product and would like to protect it.
     
    Godly.US, Jul 20, 2010 IP
  3. Business Attorney

    Business Attorney Active Member

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    #3
    A real answer to your question is way too complicated to provide any real guidance here, but you need to understand the difference between patents, copyrights and trademarks:

    Patents. Patent protection is fairly limited. Patents only cover inventions which are "reduced to practice" and meet the myriad of other requirements under patent law. Obtaining a patent is a relatively expensive process (compared to copyright or trademark protection). While software can be patented, the typical software driving a website service will usually not meet the requirements for a patent.

    Copyrights. Copyrights protect only the expression of an idea and NOT the underlying idea or information. For example, if a company creates a new type of software program, the source code is protected by copyright but anyone can take the idea behind the website and write their own program to achieve the same result. Copyright is for creative works; the name of the service would NOT be protected by copyright.

    Trademarks. Trademarks do not protect ideas or information. Trademarks protect the owner against someone else selling the same or similar good or services in a way that creates confusion about the origin of the goods or services. The idea for the product and even its specifications are not protected. The name of the service may (depending on how it is used) be protected by trademark law.
     
    Business Attorney, Jul 20, 2010 IP
  4. xanth

    xanth Active Member

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    #4
    Speak to a lawyer. I deal with this all the time.

    1. I have no idea what you're doing. As such, neither I nor anyone else can tell you anything of value.

    2. If your idea is of such great value and MIGHT be patentable, go to a lawyer and invest the money. You'll need a provision patent anyways.

    3. The name of the service is a trademark issue. Did you see if anyone else is using the name?
     
    xanth, Jul 21, 2010 IP
  5. contentboss

    contentboss Peon

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    #5
    as xanth said, (1)

    if you want more detailed advice, provide more details.
     
    contentboss, Jul 28, 2010 IP