Can I patent an idea I created using PHP-Nuke?

Sergeant Joined: May 28, 2003 Posts: 83

I'll try to explain this as best as I can without giving out too much detail. I'm creating a site using PHP-Nuke as the backend, and was wondering if I can patent the web site and the services it offers? For example, the hammer has a patent, and so does the nail. But you use them to build something else and patent that. eBay has a ton of patents on each individual part of their web site, and the stuff it offers. Or does it make it illegal since I am using someone else's code? Is this possible?

I'm not trying to break any laws on PHP-Nuke. I just want to know what I can and cannot do.

Thanks in advance, folks.

Nuke Cops Founder Joined: Nov 14, 2002 Posts: 5939

I'm not sure since I am not an attorney and you are of course advised to seek one out.

Lieutenant Joined: May 29, 2003 Posts: 231

No, you cannot patent a website. Websites are copyrighted. You cannot patent software. Software is copyrighted. You can patent a service idea (e.g. CMS, shopping cart, etc) though you have to be the first one with the idea or others will challenge it. If it's too generic or commonly used the patent office will reject it. Patents are to protect a person's new invention, design, idea, etc. -- something that is not necessarily in existence at the time of filing.

When you write a patent you don't say use phpNuke Version 6.5 and then do blah blah blah. Instead, you outline the specifications, algorithms, etc of the idea in extensive detail without mention of any products so that if someone else wants to copy it you have a legal basis to pursue. Consult a patent attorney before submitting anything.

Sergeant Joined: May 28, 2003 Posts: 83

MikeMiles,

Thanks for the info and the advice. Looks like I will be talking to a patent attorney in the next few days.

Thanks!

Nuke Soldier Joined: May 24, 2003 Posts: 22

MikeMiles wrote:

If it's too generic or commonly used the patent office will reject it.

Says you. They will let you patent just about anything.

Sergeant Joined: May 28, 2003 Posts: 83

snarfies3 - Thanks for those links. It sheds a brighter light at the end of my tunnel.

Thanks!

Nuke Soldier Joined: May 24, 2003 Posts: 22

djcronos wrote:

snarfies3 - Thanks for those links. It sheds a brighter light at the end of my tunnel.

Thanks!

They, uh, aren't exactly examples of good patents...