Expert: George H. Morgan, P.E., Patent Agent - 7/6/2010

Question
QUESTION: I realize you can't give me a definitive answer to this question, but I'd appreciate your educated thoughts. I'd like to know if you think the following process might be patentable (is that a word :-)?

I don't think my process would be affective in the following application, but it's the best parity I could come up with.

Let's say that I've invented a process for organizing a sporting tournament in which - athletes  would pay me an entry fee to compete against each other.  Fans would then pay to watch the contests, but, all of the matches would be held at the same time, so they would need to do a little research and choose which athletes they'd like to watch.  I'd receive half of the total fan monies, and the athletes would each receive half of the fan money that was spent to watch THEIR match only.

In your opinion, could I patent such a process (assuming that such a process hasn't already been patented).  If not, how would you suggest I go about trying to protect this idea while I'm publicizing it (especially knowing that a much larger entity could and would use their financial advantages to make the process work in a bigger way, obviously reducing how profitable the idea would have been for me (the inventor of the process).

Would it help me keep my advantage, if I had a patent pending, even if I didn't expect the patent to be granted on such a non-mechanical process?

I kept this question private because I don't think it will benefit anyone else, and I'm paranoid about someone figuring out what I'm planning to do.

ANSWER: Business methods are patentable, in theory. However, to determine if your idea is patentable, you will need to talk to a patent practitioner registered with the USPTO & engage them to consider the details of your idea. The uspto.gov site has a list of such folk. I am one of them, but I don't do business methods patents.

I suggest you peruse a copy of "Patent It Yourself" by David Pressman, published by Nolo Press of Berkley, California. You can get it through your local public library, of call Nolo press and buy a copy for around $40. The book seller, Edward R. Hamilton, Bookseller, who has a web site, had an inventory of 13th editions for $7.95 each. That is almost the latest issue, and adequate for your purposes.

At the time you want to hire a lawyer, I can recommend one who does business methods patents, but he is picky what he takes on. So, yours might not be of interest to him. If a total expenditure, over approx. three years or so, of $10,000 as a budgetary number doesn't scare you off, contact me at patagent@evansville.net & I can give you his email address. He resides, as I do, here in Evansville, Indiana.

Stay away from the Invention Promotion companies. A list of the worst is on my inventors resources page of my web site http://www.evansville.net/biz/patagent . The link is listed as the Ron Riley Scam Alert site, as I recall.

Hope that helps.

Best wishes on your project.

---------- FOLLOW-UP ----------

QUESTION: Thank you for the quick, helpful response.  

What would estimate as my odds of being granted a patent on the process I described above? 50/50?

Would filing for a patent (patent pending) help to protect my idea for awhile?

Answer
A) At about 5 to 10%, if you can find a patent agent or patent attorney who is willing to take it on.
B) You have no protection except what is afforded by the allowed claims after a patent issues. That could take three or four years.  However a "patent pending" tends to discourage competition because if someone else copies your method, and you do get an issued patent with claims they are infringing, they either have to get a license from you or face damages after they essentially have helped develop the market for your idea.

Beware of the invention promoters. My  web site has a link to the Ron Riley caution site that enumerates many, but not all, of them. http://evansville.net/biz/patagent
Click on the Inventors Resources page to find it.

Caution advised for Davison, Invent Tech, Invention Submission Corporation, World Wide Patent Assistance, Absolutely New, and United Inventors Association, to name a few.

I hope that helps.

Best wishes on your project.