Is it worth filing a provisional patent application for a business method?

Is it worth filing a provisional patent application for a business method?

I am considering applying for a provisional patent for a business method which I have developed. Is it worth it given the uncertainty of the law surrounding business patents?

Business methods are hard to patent, but not impossible. If the potential commercial gains warrant it, and there is a technical aspect to the business method, then, by all means, file a patent application for it.

Otherwise, try to figure out ways that you can keep this invention a trade secret. Trade secrets lend themselves to situations where the method to get to the final product/solution would not be easily determined from the final product itself.

If this is neither something that lends itself to a trade secret nor a patent, then get a good brand (trademark) and run hard to keep ahead of your competition.

Mark Warburton About the author

The Intellectual Property Guru. His determination to protect innovation stems from a family legacy in which his grandfather, a genius inventor, had his innovations stolen and patented by someone he trusted, which led to his grandfather dying a pauper on a park bench. Mark is an international award winning lawyer and patent attorney and 3-time published author. His prowess in the court room sees him winning cases that others thought were unwinnable. Mark’s passion for protecting intellectual property shines through in his pro-bono legal mentoring, proactive legal workshops and 1-2-1 work with clients.