How to Protect an E-Commerce Patent from Online Infringement

Dear All,

I have the interesting case study regarding protecting an e-commerce patent.
Please imagine that company X issued any e-commerce patent in the US.
Then, company Y copied the idea and opened the similar business in Canada, Mexico, whenever... offering this service also for Americans (having all services in foreign servers and without having any agencies in the US).

In this case, how company X can protect its idea in the area of the US? Is it possible at all?

In advance, thank you for the help. This question is really interesting for me and I could not find any answers over the forum and the Internet.

Yes, there's a procedure for getting international recognition of your US patent.

You didn't apparently look very hard. Google "international patent" takes you right to the WIPO page: http://www.wipo.int/pct/en/

Yes, of course there is always such a possibility, however:
- not always your idea might be patentable in other countries
- even, if so, you have to pay patent fees in each country separately (expensive option, because for this kind of idea competition might occur from every country in the world)

In light of above, it would not make sense to patent e-commerce solutions.
What do you think about that?

There is NOTHING you can do to PREVENT infringement of your work.

However, there are a variety of laws that give you the ability to sue for compensation for somebody's wrongdoing.

If you don't know what those laws are, hire an intellectual property attorney before you put your work out there so you can take the best possible precautions.

Yes, you are right. Maybe, the title of the thread is a little misguided.

Do you know any method concerning suing for 'company Y' mentioned above?

Probably, I did not make myself clear, so I want to describe the problem giving a more detailed example:
- company X launches a marketplace that offers services for third-party sellers (for instance like ebay)
- the idea of company X is patented only in the US
- company Y also wants to offer these services for third-party sellers in the US
- company Y is aware of the patent and decides to launch a similar website, but abroad
- however still, it does not block Americans to use the marketplace of 'company Y' and to use the global solution locally - selling things locally cooperating with local carriers.

In light of the above description, I do not understand the idea of patenting e-commerce solutions.

Giving ebay as an example, which has patented 'auction system':
What the problem to open this 'auctioning system' in Europe (where it is not patentable) and offer this service for Americans?
If there is no way to protect from that, then e-commerce patenting is only like marketing :)

In advance, thank you for your help in this matter.

Take ebay for example. Ebay does not hold any such patent. They licensed another companies patent, not for the auction itself but the "BUY IT NOW" concept.
There are tons of other auction sites that have come and gone over the years (Yahoo, Etsy, and a few specialized ones).

Nothing has changed in your scenario however. If you want international patent protection, once you've managed to get a US patent you have to file to have it recognized by WIPO.

Okay, taking the "BUY IT NOW" concept as an example.
I would like to ask: What the problem to use this concept in Europe or any country outside PCT Contracting States (if it would be patented in Europe) and offer that for Americans?
If we would like to block such practices conducted by foreign companies, can we sue them somewhere?


As far as WIPO is concerned, I would like to ask for confirmation my perception:
- WIPO associates 148 countries over the world, however, if you want to be really protected, then after initial work made at WIPO, you need to apply for a patent locally in each country - really expensive
- is it not in such a way that firstly you need to apply at WIPO and only then in the US?

You're wrong. You must be patented in the some member state first and then ask for international recognition. Yes patents are expensive.
You alternatively have the option of filing a PCT just in the countries you are worried about.

Thank you for the answer. International patenting is now clearer for me :)

However, the idea of e-commerce patenting is still not clear for me in light of offering the same service for Americans, but from foreign servers.
I would be grateful if someone could explain what procedures are in this case, if any.