Do you need to protect a new web service with a patent?

If I came up with a new web service or API in the US (like gravatar) my understanding is that I have exactly one year to fill a patent on the service unique process if I want any rights to it. To save money during that first year I could also file a Provisional Patent to buy some time and save some money in the short run.

Anyway, the US uses "first to invent" to protect inventors that are beaten by others who might file first even if they did not invite the [noun/idea] first. In other words, if you made it first then you get first dibs on the patent.

So my question is, if I release a web API like gravatar or disqus before I filed anything - would I be in danger of someone liking my idea and stealing it if they file first - or would I have a couple months to work on the patent after the launch without worry since it's clear I released the site/API first?

My main concern is that someone will like what I did, copy it, patent it first, and then sue me for using their patented process.

Originally Posted by Xeoncross If I came up with a new web service or API in the US (like gravatar) my understanding is that I have exactly one year to fill a patent on the service unique process if I want any rights to it. To save money during that first year I could also file a Provisional Patent to buy some time and save some money in the short run. Anyway, the US uses "first to invent" to protect inventors that are beaten by others who might file first even if they did not invite the [noun/idea] first. In other words, if you made it first then you get first dibs on the patent. So my question is, if I release a web API like gravatar or disqus before I filed anything - would I be in danger of someone liking my idea and stealing it if they file first - or would I have a couple months to work on the patent after the launch without worry since it's clear I released the site/API first? My main concern is that someone will like what I did, copy it, patent it first, and then sue me for using their patented process.

This really depends upon your idea. If you notice, when Twitter was launched everyone liked it as the concept was "new". I could see the "same"[read almost same or homogeneous] type of scripts being available in the marked in a span of a month.

I like your idea of filing a provisional patent as it would help/ease you on the legal cost and problems.

Good luck

Actually, twitter was more of a website - what I'm talking about is a web service. So still using twitter as example - twitter oauth/connect would be a better fit.

What are you hoping to protect and how much do you have to lose?

Is it actually a patentable idea--a unique process, machine, article of manufacture or composition of matter? Are you prepared to go several rounds with the USPTO to make sure they understand why it's patent-worthy?

Will you have the time and energy to fight patent infringements when you discover them?

If you're planning to patent so you can license use, would it make sense to sell your idea to someone who could then worry about the details?

Basically, patents are wonderful to create a market (i.e., that "special patented skin cream") or where there is a well-funded machine working behind the scenes. Unlike copyright they are expensive and time-consuming to obtain.

And, as I understand it, if you don't patent but can establish that yours is the very first item of its type then when someone steals your idea and makes a fortune you are in a good position to sue even without the protection of a patent. And a patent opens your work to a level of public scrutiny that makes it possible to vary a knock off so it's not strictly speaking an infringement.