protecting my idea.

[mikesidea]

What is the name of your state? NJ
My idea is to provide the online automobile auctions (E-bay) and classified web services (autotrader) a place for their customers to trade in their vehicles.
For instance customer A wants to bid on a car on E-bay that auction ends in three days, but they need to get rid of the car they have first, they sell it to us effectively trading it in.
I have spoken to my rep at E-bay and they think its a great idea. I am afraid of getting stepped over while building my network of afilliates to handle the vehicles.

 

[divgradcurl]

There are only two ways to protect an idea legally -- keeping it secret, which you kind of already blew, and wouldn't work for you anyway, since you WANT people to use your service -- and a patent. If you think your idea is novel, contact a patent attorney or patent agent who can help you decide if it is worthwhile for you to seek patent protection, and can help you ogtain a patent if it is worthwhile.

 

[JETX]

Your 'concept' cannot be patented. The patent process only applies to any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent".
Source: http://www.uspto.gov/web/offices/pac/doc/general/what.htm

Your idea, which is really a 'trade secret', would probably have best been protected by a signed confidentiality agreement before releasing any of the details.

For more, go to:
http://inventors.about.com/library/weekly/aalesson1a.htm
and
http://inventors.about.com/cs/tradesecrets/index.htm

 

[mikesidea]

Is it possible for me to use the uspto.gov website to do a provisional patent on a business process like this?

 

[divgradcurl]

You can apply for a provisional if your idea is novel -- it would be a "business method" patent. You can find the official scoop on applying for a provisional patent here:

http://www.uspto.gov/web/offices/pac/mpep/documents/0200_201_04.htm#sect201.04b

Before you spend the time and money to file a provisional, you might want to talk with a patent agent or attorney to make sure your method is really patentable. You have toconvert a provisional into a non-provisional at some point anyway if you want to obtain a patent, so you might as well get an agent or attorney involved up front.

The purpose of a provisional is to establish a priority date -- however, if you don't do a good job capturing the patentable material in your provisional, you could lose your priority date when you convert to a non-provisional anyway, which would make the provisional a waste of time and money.

Unless you have some experience in writing up patents, I would strongly suggest you at least talk with a patent agent or patent attorney.

 

[mikesidea]

business method patent

I have been searching the uspto website to no avail. I know of a process that is similar to mine which AT&T holds a patent on, but I could not find that either. I am close to having to go live with the business and NEED protection.

 

[divgradcurl]

Let me reiterate:

"I would strongly suggest you at least talk with a patent agent or patent attorney"

That's your best bet right now.