Intellectual Property and Online Business

Few of the important questions that you may like to get answers on
Can I Patent my Web Site?

In a measure to protect market competition, U.S. patent law does not allow citizens to patent Web-based business concepts.. So, for example, if you had an idea to start an online business that sold skincare products, you would not be issued a patent for that business concept, since a patent could block other online businesses from selling skincare products, and would hand you a monopoly on the market.
However, if you invent a new skincare technology, or improved existing technology for a new use, that product could be eligible for a patent.

Even if your Web-based business concept isn’t eligible for a patent you may still be able to pursue other options to protect your work, including trademarks, copyrights, or trade secrets.

Can I Trademark my Web site?

Another option to consider when seeking to protect your Web-based business interests, is protection under trademark law. A trademark will protect the words, names, symbols, sounds, or colors that distinguish your goods and services from those manufactured or sold by others. By nature, Web pages cannot distinctively identify goods or services like a logo or brand name could, so Web pages themselves would not be eligible for a trademark.

Trademark law is still a valuable asset to an online business owner because you can apply for protection under a trade dress. A trade dress protects a product’s design, product packaging, color, or other distinguishing non-functional elements of appearance. Trade dresses have a broad application and can be met through the following criteria:

- Is the work inherently unique - or - has it become distinctive over time so that it is widely recognizable to the public?

- Would attempts to mimic the work create confusion – to the point of misleading the public – of the work’s true ownership?

- Is the work non-functional? (Exclusive rights of functional work would create unfair competition in the marketplace, like in the online skincare business above.) The key point for Web site owners is the functional characteristics of hyperlinks, which are ineligible because protection would prevent competitors from linking them.

Can I Copyright my Web Site?

Online works, such as Web sites, are eligible to register “copyrightable content,” which excludes any work that was previously registered or exists in the public domain. Certain provisions apply, for example, computer programs and databases are usually not eligible.

Instead of copyrighting the Web site in its entirety, a copyright may still be appropriate if your site contains original writing, music, photography, art, or other works that are eligible for protection under copyright law.