kristovaher
Junior Member
I was browsing through wiki and searching Google for a good answer to these questions, but I've been unable to find clear answers. I have a client that is facing such a problem and while I am not looking for a definitive answer to those questions (since they may vary worldwide), I'd like to get the general idea.
* You cannot patent an idea, but can you patent a website concept? For example, if Facebook and similar networks did not exist, would it be possible for someone to patent Facebook concept? As in, had someone come up with Facebook and patented it, would everybody be their slaves by now?
* I assume that copyrights exist worldwide? But is your copyright 'weaker' if it is not registered? Should one always have to register copyrights, even if the released software spreads worldwide and is not 'in the shelf' somewhere?
* Continuation from the earlier question, can you patent something that exists outside the boundries of the patent countries? Most countries have patent systems that exist within that country, then there are also union type patent organizations such as that exists in Europe. Can you patent something that already exists outside that territory within another patent territory?
* Can you dispel a patent - any patent - if you are able to prove that the item already exists elsewhere within the patent zone before the time of the patent? Can you dispel a patent - any patent - if you are able to prove that the item already exists elsewhere in the world, even outside the patent zone?
* If software is released as open source, can someone go and patent that software in patent territory that was not the originator of this software? And is the same true the other way around: Can you create open source software that functions similarly to some patented concept from another patent territory?
* If software is not patented, but is copyrighted, can other similar software be created without problems? Let's say that Facebook was an original idea and was copyrighted, would it then have been a problem for similar services popping up because of copyright? But if patented?
* Why then are there so many 'clone' websites and web based software around without patent complications (Facebooks and Twitter type websites), don't the copyrights and patents get in the way? Is it because most patent organizations dispel 'internet' based patents, or is there some other restriction I am not aware of?
I am asking these questions because it seems that in my country one of my clients 'free used-items trading website' has run into problems because another company has 'patented' a similar concept within the country. I am wondering if, in case we can prove it, such a concept has already been realized or already exists elsewhere in the world, that such a patent be invalid.
Any assistance would be appreciated!
Thanks
* You cannot patent an idea, but can you patent a website concept? For example, if Facebook and similar networks did not exist, would it be possible for someone to patent Facebook concept? As in, had someone come up with Facebook and patented it, would everybody be their slaves by now?
* I assume that copyrights exist worldwide? But is your copyright 'weaker' if it is not registered? Should one always have to register copyrights, even if the released software spreads worldwide and is not 'in the shelf' somewhere?
* Continuation from the earlier question, can you patent something that exists outside the boundries of the patent countries? Most countries have patent systems that exist within that country, then there are also union type patent organizations such as that exists in Europe. Can you patent something that already exists outside that territory within another patent territory?
* Can you dispel a patent - any patent - if you are able to prove that the item already exists elsewhere within the patent zone before the time of the patent? Can you dispel a patent - any patent - if you are able to prove that the item already exists elsewhere in the world, even outside the patent zone?
* If software is released as open source, can someone go and patent that software in patent territory that was not the originator of this software? And is the same true the other way around: Can you create open source software that functions similarly to some patented concept from another patent territory?
* If software is not patented, but is copyrighted, can other similar software be created without problems? Let's say that Facebook was an original idea and was copyrighted, would it then have been a problem for similar services popping up because of copyright? But if patented?
* Why then are there so many 'clone' websites and web based software around without patent complications (Facebooks and Twitter type websites), don't the copyrights and patents get in the way? Is it because most patent organizations dispel 'internet' based patents, or is there some other restriction I am not aware of?
I am asking these questions because it seems that in my country one of my clients 'free used-items trading website' has run into problems because another company has 'patented' a similar concept within the country. I am wondering if, in case we can prove it, such a concept has already been realized or already exists elsewhere in the world, that such a patent be invalid.
Any assistance would be appreciated!
Thanks
