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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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As an LLC, how can I handle being sued for patent infringement if I don't want to go to court?
Any suit run by a competent lawyer will ensure that the parties named in the suit include everyone who might be able to pay. So, while your LLC might own some products, it may not be the only entity sued. You might be sued, along with all kinds of other people and companies. I'm not saying there's nothing you can do, but you certainly cannot escape having to defend a suit. Anyone can sue anyone else, even if the suit will ultimately be unsuccessful. You ask how can you handle being sued without going to court? The answer is negotiate a settlement that results in the lawsuit being dropped. So, what have you got to trade? What damage could you do if they continue to sue you, and so on.DF
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Where do l go to sell my patented idea?
First of all, what you have is a provisional patent **application**. For now, the provisional patent application is not publicly available. This can be a big advantage to you. You can use this time to improve your invention and file additional provisional applications. If you don't plan on making/practicing the invention yourself, you should make sure to try to think of everything possible regarding how that invention can be improved. This would (hopefully) come naturally to a practicing inventor. When you file your non-provisional application, your disclosure will be made public ("published") 18 months from the filing of the non-provisional. While your applications are not publicly available, I suggest waiting until you file your non-provisional application(s) to talk to others. Quite often, provisional applications do not have the detail or the scope that the non-provisional will have -- due to the time spent on getting drawings accurate and making sure everything is included in your non-provisional applications. It is best to have a complete application before talking to practicing companies. Sophisticated companies will take advantage of information not disclosed in your provisional application to file their own patent applications. If your applications are not publicly available (or even they are published), you should sign confidentiality agreements (non-disclosure agreements) with anyone you talk to about licensing or buying your invention. Keeping track of who you talked to with confidentiality agreements can be the basis for "notice" of the invention by an infringer -- when they eventually steal your invention. You can sell your idea anytime, but a provisional application is worth a lot less than a non-provisional application which is worth less than an allowed application or issued patent. Provisional applications are generally not as complete as they could be -- and require additional time and finesse to complete the non-provisional application. In terms of appearances, if you are not willing to put in the money to file the non-provisional application, the invention is likely not worth that much money. Companies as well as non-practicing entities may look at provisional applications, but not for long, and will not give you the kind of money that you may get from selling a fully examined patent. Of course, it depends on how good your invention is.AP
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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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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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Can a provisional patent act as a catch-all?
A provisional patent is good for two things. It is a date-stamped proof of invention and gives you time to determine whether to incur the cost of filing a full patent. Yes, so long as the individual component pieces you think are useful are sufficiently described in detail within the one general application, it sets you up to later claim utility patents for any and all of these, providing they really are unique. But in general, I would really caution you from spending time and money to file patents for a software company. I've built many innovative software products over 20 years of work in our industry and only filed one patent in my life, and even that patent is only to protect people from abusing a truly transformative and world-changing technology. That said, a provisional patent is inexpensive and if any expense is going to be incurred here, a catch-all is sufficient if you feel inclined to file anything at all. If your goal is an acquihire or acquisition, utility patents do actually make a difference in the acquirers valuation (at least for now) but if you're thinking about it from an actual defensive perspective, I'd really advise that it's not worth your time (and distraction) and money. The best defence is a great offence. Scale up, get great engagement from users who love your product and you'll be in a much stronger to fight competitors. Lastly, if you do decide to file a provisional patent, don't claim to anyone that you have I.P. You don't. :) Happy to talk through this in a call with you. Best of luck!TW
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