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I am designing a website and i think i have designed and defined a new way of making comment on a given post just from the User Interface point of view. I want that no one else should use same way of commenting in their site.

Is it applicable for patent?

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2 Answers 2

If you are asking about patenting in the U.S. then it is probably patentable subject matter. However the Supreme Court and the USPTO in response to the Supreme Court are cutting back on what is an isn't patentable subject matter in a potentially confusing and subjective way.

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If it is innovative, non-obvious and not already public knowledge then it may be possible to patent.

If you have already used it on your web site, then it may already be considered public knowledge depending on whether it is visible to an outside observer.

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Under both the old and the AIA patent law there is a 1 year grace period in the U.S. so public knowledge doesn't immediate kill patentability. Also, under the old law it didn't depend upon being visible. It is not clear under the AIA whether or not it must actually be visible. –  George White Aug 5 at 21:12

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