patent question

[dfacello]

What is the name of your state (only U.S. law)? WV
I have had a business method for years I would like to patent. In my search for prior art, I came across a website that depicts my idea. It appears the website was last modified/created around 11 mos. ago. I don’t know when this individual(s) came up with the idea. For all I know, they could have documentation showing they conceived the idea before this. This is the only prior art I could find. I have computer files that go back 2 and 3 years that document me having the idea, but I don’t even though if Word file dates are sufficient proof. I realize this involves a great deal of presumption, but consider the following scenario: I apply for the patent, get the patent, sue them for infringement. Assume also that they don’t apply for a patent. It goes to court/deliberations. They show documents that show that they conceived the idea before I can prove I did. I realize this would end my infringement argument and I would lose the patent, but could the patent be conferred to them? Even if they never applied for years after making the method public??? Any help is greatly appreciated.

[tranquility]

If there is a website with your business process idea, don't waste the money trying to patent it. Process patents are more and more disfavored as a general concept (in my opinion, rightfully so), and, if you try to get one which is generally out there, you are simply trying to find a litigation strategy and not a business strategy. Maybe that's a good thing and may be profitable in this weird period of odd case law. But, it cannot continue. Bottom line, did you really invent something? Really?

[divgradcurl]

Patents in the U.S. go to the first person to invent a particular invention -- so if you can prove you were the first to invent, you can (in principle) obtain a patent, even though someone else has (in this case) published the business method first.

That said -- there is a 12-month "grace period" in which to file for a patent. So if the "art" is already 11 months old, you must get your application on file before the year expires. Otherwise, no patent.

As far as your infringement issue is concerned -- if it turns out you were not the first inventor, but received a patent anyway, then the patent would be invalidated -- it would not be handed over to the "first" inventor.

If this is the direction you want to go, sounds like you will need to get moving. Also, note that business method patents may have a limited lifetime in any event.