Q: Can I get a patent on that?
Hi! I have an idea for business, that no one has established before, and I'd like to have a patent on that idea. Is it possible to get one?
Is there a way not to pay for the application, until my business starts generating money?
A:
Yes, you can get a patent on your invention if the invention is a new business method. It may not be easy though.
As far as your second question goes, the answer is no. You will need to find money to pay for the patent application fees and for the patent attorney fees. You can take a mortgage against your house, have family or friends or other investors loan you money, etc. Here is the problem: even though I would not mind deferring the payments until after your business starts generating money in several months or years (provided that you make it worth my while), I view your request to delay payments as an indication of your inability to raise the necessary capital. Undercapitalization is the biggest reason why business fail; if you can't even come up with the money to pay your attorney, then you most likely won't be able to come up with the money to run your business.
Good luck!
A:
The answer from Mr. Mlynek has much truth in it.
Let me add some information that my be helpful. First, the US Supreme Court has issued several decisions in the last few years that curtail the ability of the USPTO to grant patents for many business ideas. The section of the law that deals with the scope of patentable subject matter is Section 101. Here is a link to a collection of material used by the USPTO to train the patent examiners on what is the outer limits of patentable subject matter under Section 101.
https://www.uspto.gov/patent/laws-and-regulations/examination-policy/examination-guidance-and-training-materials
Second, to the extent that you want to proceed and want to delay some of the expense, you can consider drafting your own provisional application and filing that application to buy you about 10 months before you have to decide whether to file a non-provisional application (ideally written by a patent attorney) by the 12 month anniversary of your filing of the provisional application. Here is a link to a slide set that will give you some guidance on what should be in that provisional application. http://bit.ly/Provisional_GBU
I hope that this helps.
Kevin E Flynn
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