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Business consultancy

Posted on 2006-05-16
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Last Modified: 2013-11-25
Dear Expertise/Moderators

we (company in Middle East ) are looking for business consultancy ?, we have very good ideas related to mobile phones solution and we have already implemented them , but we need consultancy for the feasibility study, marketing and sales.

For Experts-Exchange , why dont you add some such in this forum ?,

Note that they ideas are completely new, not seen anywhere yet, so can we Patent for that ?
we have asked some Intellectual Property agency here in ME, but they said you cannot patent for an idea even if you have implemented it, but you can patent for its name or the implementation, is it true ?

Many thanks



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Question by:khamouda
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by:imladris
ID: 16699775
The agency is certainly correct that you cannot patent an idea.

A patent allows you to protect a particular implementation of an idea, or even many implementations. But the idea itself cannot be protected. Part of the patent application process requires descriptions of your implementation. Traditionally this was in the form of blueprints or artists sketches.
Classic examples of patents are the vice grip, the snowmobile and the mythical "better mousetrap".

You can trademark a name or phrase, which provides you the exclusive use of the name for marketing purposes.
Classic examples: McDonalds, Coca-Cola.

What protection there is or has been attempted w.r.t. software has usually fallen under copyright.
Copyright normally applies to books and movies.
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by:khamouda
ID: 16702409

I am not sure if this is very accurate, for example, BlackBerry has patented the email Push service, no company can touch such solution.

Thanks for your commment




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imladris earned 150 total points
ID: 16703499
Patent law is obviously a complex matter, and I may have oversimplified.

In the original patent battle between Blackberry and NTP there was repeated legal reverses as to whether Blackberry had infringed NTP's patents or not. Additionally, in the end, a reexamination found that most (if not all) of NTP's patents were invalid. And, either way, you can see that the legal process can take years whether the patent and/or the suit is valid or not. So even with a valid patent in your pocket, you may need to be prepared (potentially with a lot of money) to defend it in the courts.

I'm certainly no lawyer, and I obviously know nothing of the details of your situation. However, the principle stands. Note this website on the process of patenting:

http://inventors.about.com/od/firststeps/a/lesson_money.htm

Lesson 3:
http://inventors.about.com/od/applicationforms/a/Patentable.htm

In addition to the requirements of newness, usefulness and nonobviousness there is the specification part. Here is a quote:

Reduced to Practice - Prove it on Paper

In your written patent application you must fully describe your invention to such a degree that a person skilled in the same field as the invention could make or use that invention. A person skilled in the same field as the invention should be able to read your patent application and understand it. The inventor must be able to make claims about his/her invention in clear and definite terms.
The part of a patent application that describes and reveals your invention is called the specification and includes various types of descriptions, claims, and drawings depending on the type of invention and type of patent involved. Remember, ideas alone can not be patented. In other words - you can't just write, "I have an idea for a new alarm clock." You must be able to describe how your alarm works so that an expert in alarm clocks would understand how it would work and that it would indeed work.

So, given the non-obviousness prerequisite, this means that you pretty much have to have a working prototype, which you describe, which is what you are patenting. A good patent application will of course attempt to make the claims as broad as possible so that variations of the prototype (which may not be obvious, at least in the patent offices eyes) are also covered. But, conceptually anyway, you are still required to make very specific claims.

Or at least, that's the way the process is supposed to work. It has become clear over the last 20 years, and the invalidation of the NTP patents is but the latest example, that the patent office is not doing a very good job of scrutinizing patents, and all kinds of stuff, which clearly should *not* have been patentable have been granted patents anyway, due to the patent office's ignorance about computer technology.
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by:khamouda
ID: 16723258

Thanks imladris , I agree with you on what you have mentioned, and thanks for your contribution really, was useful for me. However, in our case just as an example, we have finished a project for an idea that I didnt see similar to it before till now, the project is bigger than our name, our customers could be Telecom oprators, or vendors, if we go and tell them the idea, they will go and do it, the idea is simple to implement, they will not agree to sign NDAs offcourse. So it is whether to Patent it, or to take the risk and disclose it, and after a while so many powerfull companies will do it better than us.

This is why we are asking for consultancy

many thanks
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Author Comment

by:khamouda
ID: 16766450

any more help, I can increase the points offcourse if required

thanks
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