Is it possible to patent a website? by Aonia Masood

Answer by Aonia Masood:

Website as a mere idea or concept is not patentable in the United States as patentable subject matter is limited to concrete applications of ideas such as processes and machines (i.e. systems). However, some aspects of wesbite such as: uses for data extracted from website for example, can be patented. In other words, the concept of a wesbite per se can’t be patented but the implementation via hardware could be patented if the claims comply with the new requirements established by the USPTO.

In addition, the source code and the Graphical User Interface (GUI) of a site can also be protected with a Copyright. Moreover, several aesthetics aspects of the site or the (GUI) could also be protected with a Design patent. Apart from GUI and source code, the trademark of a site can also be protected under US law.

NOTE: Under no circumstances should you disclose your idea or even the basics of it without the recipient signing a well drafted non-disclosure agreement. However, conversations with an attorney whom you formally retain is privileged and subject to even stricter rules of confidentiality.

Is it possible to patent a website?