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MenuIf I want to start a business like Monster.com (a career portal) should I worry about existing patents?
Do career portals file for patents? If so, which kinds?
Answers
They may have patents on certain algorithms they use to sort / present jobs to people, but it's unlikely that anyone has a patent on the general idea of a career portal. If you'd like advice on how to do an effective patent search, or how to affordably file your own patents in the US I'm happy to help.
all the best,
Lee
You absolutely need to have a patent attorney check other patents before you spend time and money developing a website. You should also do searches on website names to make sure you can get a name that will work for what you are launching. I heard a true story yesterday about an entrepreneur that was very successful and a large company began to use her name and idea , which she had not patented and registered properly. It unfortunately put her out of business. I have some ideas on what you can do yourself and what you absolutely need an attorney for if you would like to set up a call.
My main question would be this: When you say "like Monster.com" what exactly are you referring to? What is your secret sauce?
As Lee mentioned, if there is a specific filtering/matching algorithm that you've developed that you feel fits the following categories (requirements for a patent) then the answer is YES, you should file for a utility patent.
1) New and useful (No one else has Known about or used this process or algorithm in the US & there are NO patents on this anywhere in the world)
2) Utility (actually useful in real life or a very solid theoretical foundation for being useful)
3) Novel (Unique, authentic idea - See #1)
4) Non-obvious (This is the hardest obstacle to get through. Simply put, your idea can't just be the combination of 2 other patented Ideas. Previous patents are called "prior art" and your idea will be compared against prior art to ensure there was a substantial difference in your invention versus previous inventions. Patent examiners will also look at the commercial marketplace.
5) You Haven't publicly disclosed your idea
If you don't have a secret sauce and you're creating a website that duplicates someone else's algorithm/process then you may be infringing on someone else's patent & you should ask yourself why you're going into business in the first place.
Other than the legal question.
Spend as much time as it takes to come up with answering this question..Why would I buy your product or service? This will give you your USP. From there you will develop your drive, your, passion, and your marketing voice. From this you will develop unstoppable perseverance for success.
Best of Luck,
Mike
From the Trenches to the Towers Marketing
I will be glad to help as my time permits.
I believe they do file for patents, but it has quite a wide range. For instance,
1. Professional qualification tracking and management system and method
Patent number: 10841777
Abstract: A system and method for managing the qualifications of emergency management personnel using at least partially automated qualification management devices or electronic Position Task Books (ePTBs) is presented herein. The system includes a network of participating organizations comprising governmental agencies, non-governmental organizations (NGOs), academic institutions, and the private sector. The qualification management devices or ePTBs are used to establish the suitability of the personnel or individual participants in the performance of emergency management duties in the areas of emergency preparedness, planning, response, recovery, etc. More specifically, the present invention is directed to a system and/or method for the management (including the issuance, execution, and review) of qualification management devices or ePTBs within a self-managed network of participating organizations using internet and mobile technology to deliver ePTBs.
Type: Grant
Filed: November 15, 2019
Date of Patent: November 17, 2020
Inventor: Robert Steven Allen
2. Capturing electronic signatures via captive portal
Patent number: 10817703
Abstract: A capture device obtains customer data and electronic signatures via a captive portal. The capture device analyses a digital form provided by a user and automatically configures a digital version of the form for signing. When a client device associated with a customer connects to the capture device, the capture device triggers a captive portal to appear on the client device. The capture device renders the digital form within the captive portal. The customer can then fill out, electronically sign, and submit the form. The capture device generates an audit trail for the electronically signed form based on identifying data captured transparently from the client device. The capture device establishes a secure connection with the client device for enhanced security and to prevent the client device from displaying security warnings.
Type: Grant
Filed: September 17, 2018
Date of Patent: October 27, 2020
Inventor: Darien Crane
3. System, method, and computer program for automatically predicting the job candidates most likely to be hired and successful in a job
Patent number: 10803421
Abstract: A method and system relating to determine a match between a candidate and a job position for an enterprise, the method and system including receiving an enriched talent profile associated with the candidate, the enriched talent profile comprising a talent profile of the candidate derived from a first data source of the enterprise, and one or more supplemental data items obtained from a second data source independent from the first data source, generating a calibrated job profile for the job position, the calibrated job profile comprising information, and executing a machine learning module using the enriched talent profile and the calibrated job profile as inputs to determine a match score between the candidate and the job position.
Type: Grant
Filed: August 31, 2019
Date of Patent: October 13, 2020
Assignee: Eightfold AI Inc.
Inventors: Ashutosh Garg, Varun Kacholia
4. Automated scoring of video clips using extracted physiological features
Patent number: 10803318
Abstract: Systems and methods are provided for scoring video clips using visual feature extraction. A signal including a video clip of a subject is received. For each frame of the video clip, physiological features of the subject visually rendered in the video clip are extracted. A plurality of visual words associated with the extracted physiological features are determined. A document including the plurality of visual words is generated. A plurality of feature vectors associated with the document are determined. The plurality of feature vectors to a regression model for scoring are provided.
Type: Grant
Filed: May 17, 2017
Date of Patent: October 13, 2020
Assignee: Educational Testing Service
Inventors: Lei Chen, Gary Feng, Chee Wee Leong, Chong Min Lee
5. Recommending relevant positions
Patent number: 10789312
Abstract: This disclosure relates to systems and methods for recommending relevant positions. A method includes receiving, from a member of an online networking service, a query for one or more available employment positions; executing the query, at a database of employment positions, to retrieve the one or more available employment positions; filtering results of the query according to one or more facets; generating an electronic user interface to display the filtered results; and allowing the member to adjust the facets using the electronic user interface.
Type: Grant
Filed: December 1, 2017
Date of Patent: September 29, 2020
Assignee: Microsoft Technology Licensing, LLC
Inventors: Dhruv Arya, Kevin Kao, Huichao Xue
Besides if you do have any questions give me a call: https://clarity.fm/joy-brotonath
Related Questions
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Can i create and sell my invention before filing for a provisional patent and maintain my rights to the invention?
The answer is yes, but it always depends. Let me begin by saying that the more knowhow, etc. involved, the easier it is to sell something without any patent protection. Otherwise, you are trying to sell something without protection and you get no protection until the patent issues, which may take years. The acquirer may just run with it (I would) without licensing knowing there is no cost until your patent issues. Then, when you file, they will see your claims and try to modify their product around your claims. It is slightly vicious in nature. That said, I may not act much different if you file first, unless I can buy your patent or the license costs are very inexpensive. Secondly, many countries have absolute novelty and you will not be able to protect your invention there ever, even if a licensee arises and wants to enter those markets. This too, is a serious limitation for licensing. My conclusion would be that you are underfunded to address your IP and that I can get away with murder. Filing the application is your way of telling people that you are serious. That said, it is not necessary and I have a lot of clients that file later or never file.GF
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I have an idea for a simple household kitchen product (under $5). Where can I get good advice on the process of bringing it to market?
Hi! The quick answer is that simple invention ideas are great as they are the fastest and least expensive to develop, yet can still be highly profitable. I run a consumer product firm which has developed hundreds of inventions for home-based inventors or small product firms - Essentially we take it from Idea to Store Shelves. The best advice I can give is to ONLY do what is absolutely required to sell product... There are lots of great services out there that are beneficial; however, if you're on a limited budget, stick to only what is necessary to make a sale, which is: 1. Industrial Design / Engineering, 2. A manufactured sample and a manufacturer who can produce product, and 3. A provisional patent. Essentially what you need is a real, physical, and fully functioning unit of your product, the prices to manufacture that product and a manufacturer who is ready to produce units, and intellectual property protection so that your idea is not stolen. Once you have these 3 items, you can start to present your product to wholesalers, retails, distributors, etc. If someone likes it and the price is reasonable, they can place an order, and your business and dream product starts to grow. From there, there is a whole world of possibilities, but the most important thing for now is to develop your product from 'idea' into 'real'. Whatever you do, do not get caught up in the idea of 'licencing' your idea. An idea is almost impossible to licence unless it is CURRENTLY being manufactured AND being SOLD through stores. If someone or a company says that they will help licence your product idea for royalties, etc., then they should be willing to do that for FREE, no charge, no fees. Many people attempt to charge fees to licence a product idea; however, if you aren't currently selling in stores, it will almost be impossible to get any form of monetary payment, so they usually are just trying to get your fees for their 'marketing' services, which are almost useless for an undeveloped product, and they know this. If you would like more information on some of the details of product development, we have a free Invention Guide on our website, check it out here: http://www.makoinvent.com/free-invention-kit/ Cheers, Kevin Mako President, Mako Invent www.makoinvent.com www.facebook.com/makoinvent www.twitter.com/makoinventKM
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Should I be worried that a potential client wants us to guarantee that we will cover the litigation costs if they are sued for using our software?
I am a patent attorney generally on the patent owner's side. Signing such a clause should make you nervous. You don't want to be responsible for the major company's infringement. The major company is likely getting more benefit out of using your software than your company is making by selling licenses. The previous gentleman's answer is incorrect. Anyone can be sued for patent infringement if they make, sell, or *use* the claimed invention. It depends on the claims in the asserted patent. Based on experience, it's much more likely that the larger entity would be sued for infringement. A patent infringement case could cost anywhere between $350k-$5M+ USD. http://www.cnet.com/news/how-much-is-that-patent-lawsuit-going-to-cost-you/ In order to properly answer your question, I would need to know why you feel it's "very unlikely" that someone would sue the major company for using your software. If the major company won't back down on this provision, the best thing you can do is determine if you need IP (defense) insurance. If a patent attorney determines that it is necessary, raise the price of your license and get IP insurance.AP
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Where do l go to sell my patented idea?
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My friend and I started a new business to patent and license a new piece of equipment. What kinds of pitfalls should we avoid?
Below is a link to a resource I provide my investors. The 50 questions are specific to product design/development but the 15 categories are questions that apply to any industry. If you can answer these questions about your deal you will have gone a long way to avoiding the common pitfalls in the product commercialization process. http://www.jaredjoyce.com/freetreats/50questions.pdf Once you have answered the questions for your deal if you'd like to call me I can evaluate your answers, educate you on what strategies are available that would be the best fit for you, and then help you execute your strategy.JJ
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