Forums: Discussions for entrepreneurs and small business.

Are there recommendations for protecting something that is easily duplicated?  It isn`t in existance yet. It`s a series of functionalities making up a web based application, which means people can view most of the source code and figure it out.  It will also have a unique layout that I`d like to protect as well.  Any suggestions on what I can best do for at least validly sending, when the time comes, cease and desist letters are appreciated.

Thanks,
Brett

What are you referring to? Are you referring to building a website functionality?

Here`s a very simple example to illustrate what I`m getting at.  Let`s say I build a web based application that pulls in stock quotes every 5 minutes and displays a detailed graph of that stock for the past 72 hours overlayed with a few of the major indexes.  I have several technical analysis parameters for users.   Everything is setup up in a specific layout with specific colors.

Someone could come along, view the source code and create their own version.  How much of that can I protect?

Thanks,
Brett

Thanks ElidS.  That`s what I was looking for.  I guess it gets into the look and feel part.  Is there absolutely no protection for that aspect?

If I did get a patent to protect my code and find there are imitations, how do I know they are  my code or different code?  At what point can you say, "hey, I have to board your ship and search"?

If I follow this correctly, I think ElidS is just plain wrong.  Utility patent protection is NOT limited to the particular code employed - but extends to the function of the code.  In other words, different code CAN be infringing depending on the function of that different code.

Google wins a design patent: http://news.zdnet.com/2100-9588_22-6143586.html.  The problem is if someone takes your swivel and changes it to a slightly different givel, then moves it down 2 pixels down, the patent protection can`t be enforced, from what I read.

James, that sounds correct: http://www.bitlaw.com/software-patent/why-patent.html.  So if you can get a design and utility patent for your web application, you are doing fairly well.  Several design patents would be needed to cover different screenshots (states).  Of course, there is the probably of them actually not doing so well in court.  Being practical, do you have the money and time it will take to sit out of work while you defend?

Doesn`t the utility patent get into protecting at least the "feel" part of the look and feel?  It`s function that is producing the feel part.  There would only be a look if there were no function going on.