Patent Issues Related to the Internet

  1. Your web pages are a printed publication, which can create "prior art." Just as your brochures, journal articles, and other publications describing your inventions can destroy novelty and prevent you from obtaining a valid patent, your web page can perform the same function. If you want to use the web to intentionally create prior art so that competitors will not be able to apply for a patent for the invention, then you need to keep good records of what was on-line, during what period of time, and how many hits it received during that time. You should also keep records of what you had on-line as a defensive measure, to counter any statement someone might make that they saw your invention described on-line before your U.S. filing date.

  2. Methods of using the worldwide web to perform certain functions may be patentable subject matter. For example, the E-data patent is an Internet-related patent that may potentially require people selling products on-line to pay a royalty. If you develop a novel way of using the worldwide web, you may have a patentable invention.

  3. Just as the worldwide web is a good way to advertise certain products and services, it may be a good vehicle for linking up with someone who is interested in licensing your patented technology.

  4. If you are using the web to market your products internationally, you may want to consider applying for patent protection in foreign countries in addition to the U.S., because your U.S. patent will not prevent competitors from entering foreign markets.

 


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