Q: Job search platforms - Patent information
Hello, I have a question in regards to possible patents.
I’m looking at starting a job search website/app that is specific to only a certain type of workforce. I was wondering if there were any
Patents I would need to be aware of before commencing production.
Thanks so much.
A:
Yes, Josh, there are plenty of patents on methods for databases searches, such as searching records in a specific employment field. You need to work closely with a patent attorney to guide you through this minefield.
Good luck!
A:
Josh,
It may be helpful for you to do some initial searching so that you can understand what sort of patents are granted for software. See search tips at http://bit.ly/Patent_Searching.
The US Supreme Court has issued several opinions in the last decade that really closed down the ability to get software patents for ways to organize people in an activity (like finding a particular job). You will likely need to have a focus on how a general purpose computer needed to be adapted in a special way to support something in your process. If your process can be implemented with standard computer tools, and the novelty is just that you are serving a particular workforce, it will be hard to get a patent in that space.
Unfortunately, there may be some patents issued more than 10 years ago that still have some years left on them that do cover ways of organizing human activity. These patent owners may send you demands for royalties even though their patents may well be invalid under the current rules.
You should get some help from a competent patent attorney.
If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338
Kevin E Flynn
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