Do I need a patent if I wanted to create a innovative idea with a site similar to social network?

I was wondering if I had to get a patent on my idea? I wanted to make a site like myspace, friendster, facebook, etc... but wanted to know how to go about it before creating the website. My idea is different, but wanted to know if I needed a patent on it.

Do I need a patent if I wanted to create a innovative idea with a site similar to social network?emo myspace

Charles:

That is a good question, but the answer is not easy. I will give you some thoughts.

If you think you have a potentially patentable invention I recommend you seek the advice of a patent agent or patent attorney and discuss your idea with them. You can find a list of all registered agents and attorneys at:

http://des.uspto.gov/OEDCI/

You never HAVE to get a patent on anything. However, if you want to exclude someone else from using your invention, you do need to consider whether your invention has patentable features.

If you have a potentially patentable invention and neglect to file and obtain a patent on the idea, you have dedicated your invention to the public and anyone can use it. However, if you were the first to invent (under current U.S. law) then no one should be able to apply for a patent on your idea.

Another problem you may have is other patents that already exist. There are thousands of software patents claiming various features. I am not familiar with software patents and I am not familiar with your invention - which you should not reveal to anyone (except a patent agent or attorney) until you have filed for patent protection and which you most assuredly should not disclose on this web site - so I am clueless as to whether your site would potentially infringe existing patents.

Regardless of what you decided to do, I recommend you do it quickly. New patent applications are filed every day and sometimes the difference between two filings for similar or the same invention can be days.

You should be aware that obtaining a patent can be expensive and there are no guarantees that an application will necessarily end up being a patent.

Good luck to you!