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patent question-I`m not even sure if this is possible??

 
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ark23

posts: 13

May 04, 2008 10:46 AM ET    Quote  Report Abuse
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Hi!
I`ve been reading as much as i can here in sun and through IP australia.
I`m confused about what patents can and cannot be.

I`ve just read a thread where someone suggested getting  a patent for trade secrets.It was for a website.
Are patents purely for inventions and just methods(that produce a product or perhaps a by product)?
Reason i ask,is I have an idea for a retail and service business that as far as my market research there is nothing like it in Australia(where i live and intend setting up business).
Possibly future expansion plans into other countries as a franchise.

Without giving away the details..the retail business idea would compose of 3 or so unique  "product departments" and 2 or 3 service "departments". I`ve made it sound pretty generic,but it`s a viable market and if done correctly i could brand it and repeat it in a franchise.
I want to protect the idea from being replicated before i can start it or even once i`m launched. Is this even possible to patent?
I`m guessing it can`t. Unless perhaps i devised a unique way to serve the customers?

I just wouldn`t want copycat business`s to open up in other states before i am able to expand the business when that time comes.
Although in this underserved niche its possible for the small competition that i would have to expand their stores..

ahh well maybe i`m barking up the wrong tree..LOL I understand if this is hard to answer.

Thanks,
ark



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scottg

posts: 68

May 05, 2008 12:18 AM ET    Quote  Report Abuse
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Ark,
 
I`m not an expert in patents, but I can definitely tell you that a trade secret will cease to be a secret if it gets patented, as a patent must explain to `a person knowledgeable in the art` how to use the patent. Of course no one other than the patent owner may use the patented `claims` without permission from the owner.
 
Patents may be `design` or `utility` patents. `Design` patents cover the design, shape, or appearance of an object, like the shape of the classic coke bottle. `Utility` patents cover a product or process that is `novel` relative to `existing art.` That is, it cannot be `obvious` to `a person knowledgeable in the art.`
 
Given that, if your retail business approach is not obvious to people who know retail, it may be patentable as a `utility process`. I`ve not actually received a patent, but much of what I`ve read points to it often being better to put the effort into actually creating your idea rather than spending lots of time and money on getting a patent for the idea. Often the difference between success and failure in a business is not patent protection, but rather excellence in execution.
 
Hope this helps you a bit.
 
Best of Success to You!
 
scottg5/5/2008 12:20 AM
ark23

posts: 13

May 13, 2008 10:30 AM ET    Quote  Report Abuse
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Thankyou.

So far what i`ve gathered from my own research and what you`ve said...

What I could do is register the design of the retail business premise,becuase as my plans stand i`ll probably end up buying land and building and later on franchising.

somehow it looks like the trade secret cant be patented..which is a problem becuase its the main process for getting product to customer and as marketing strategy..
I guess thats what anti-trust laws are about(not even sure if australia`s laws are as tough as america..)
I guess if i get in early enough and create a very good "ideavirus" and get in while there is a vacuum,I`ll be seen as a pioneer in that area/brand will become strong..so that even if competitors try and come in..it would be hard for them..

..only worry is not having enough money to dominate entire australian market..LOL and have a competitor start up in say nsw with more capital..
oh well i guess if it`s meant to be..I`ll find solutions..

Once again thanks! :)





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