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Copy a Business Model

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anand1947

Junior Member
What is the name of your state? NC

Bringing "Providers" and "Consumers" to a single web platform is common practice in business world. For example, we have ebay, amazon, prosper, craiglists and many more. The success/failure of these webportals depends on marketing of the web portals. I liked one of the existing web portal (for discussion sake let us call it Business "COPY") where they are bring "buyers and sellers" together on a single platform. I would like to create an identical business model to COPY. Copy website says "patent pending". Not sure whether thay can patent such a not so novel business model. However, when I searched patent applications I could not find any relavent patents. I wonder may I duplicate the existing business model?

Here is my question with an example.

A webportal "webX" attracts Providers(P) and Customers(C) to their site. Customers post their required task (to be done) on the web and ask Providers to bid $ quote to complete the task. Obviously lowest providers bid will win the C's services. WebX will receive small fee from Providers in exchage of providing the customers through their web site.

There is a website out there which does exactly the same (same products/services) but however this kind of service is unknown in our area. I beleive there is a market for this kind of website in my local area. I like to establish one by myself. Do you see any problem in duplicating this model?

Thanks in advance.

-A1947
 


anand1947

Junior Member
Thank you for your reply FlyingRon.

Let's say they get patent one year from today (since they applied(?)), what are the consequences to my business at that time?

A1947
 

divgradcurl

Senior Member
Thank you for your reply FlyingRon.

Let's say they get patent one year from today (since they applied(?)), what are the consequences to my business at that time?

A1947


If a patent issues on their business method, and you find that you may be infringing their patent, then you either have to stop doing what you are doing, try and obtain a license from the patent holder, or face a lawsuit for patent infringement.

Until the patent actually issues, you can do whatever you want. Any damages for patent infringement only start accuring on the dat the patent issues.
 

FlyingRon

Senior Member
They can't go around and patent things after the fact. It's possible that they have already filed the application but if they haven't and have been using the process in commerce, it's most likely too late for them (especially if you are already using it).
 

divgradcurl

Senior Member
They can't go around and patent things after the fact. It's possible that they have already filed the application but if they haven't and have been using the process in commerce, it's most likely too late for them (especially if you are already using it).

If it is "patent pending" like the original poster says, then they probably have already filed for a patent.
 

pmarlow

Junior Member
You'll have to carefully read the claims of their final issued patent to see exactly what is patented. You may discover that only a small and peculiar aspect of their business model is protected. Until then, you might keep checking to see if you can find the pubished patent application on the internet. It will show up 18 months after the first filing. Be aware that the claims in the final issued patent can differ greatly from the claims in the application. But at least the published application will give you some guidance.
 
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