In reference to the patent: US20130145240

Can I patent my own stories to be customized in ebook form? I write and ask, Are there aspects to this detailed patent that are not covered here that I can use for my ebooks?

Please, lend your expertise!


The patent description is not what describes the protection scope of a patent. The claims are the only thing that matters (concerning the final protection).

If I got the claims right, this patent application is not about ebooks but rather about accessing and reading them - ergo an app for any mobile electronic device comprising two apps where one enables access to media and the other one displays it and allows interaction.

But keep in mind that this patent has not been issued and the claims might change or not get granted at all. Plus, there are other patents in the patent family, so their claims could be different. And there are probably (definitly) other patents concerning ebooks. Evaluating all their claims and telling you what you could still patent/use freely would cost you several thousand/tens of thousands of dollars paid to a patent attorney/engineer without a promise of them finding something that helps you. It is certainly far from the possibilities of this page.

Concerning the question what you could still patent -> everything that hasn't been published and that is inventive. Finding out what this is ... see above ... a few thousand dollar might get you an answer.

  • You gave a great reply!
    – Owlitz
    Dec 14 '16 at 3:40
  • Thanks ;-). Please consider accepting an answer if your question was answered. That way you mark the question as finished.
    – DonQuiKong
    Dec 14 '16 at 6:43
  • So, Don, all I have to do is create a separate software that do the exact things that the others will receive the patent for?
    – Owlitz
    Dec 15 '16 at 17:54
  • When they come out with their software and license it to booksellers to carry the complex ebooks, can these people stop me if I originate another type of software that completes the same functions of retrieving and and then displaying the alternate plotline?
    – Owlitz
    Dec 15 '16 at 17:59
  • Uh .. First - they will not necessarily receive a patent for this and it is not yet possible to say which claims will be granted. But if they do get the patent granted and you sell (use commercially, etc.) a software that infringes those claims, you infringe the patent. I guess you want to know if that way you would stop them from getting a patent? The answer is no, so called "prior art" has to be publicly known before the date of the patent application. If you find something (e.g. another patent) published before that date, you can send that to the USPTO as a third party observation.
    – DonQuiKong
    Dec 15 '16 at 18:00

A couple of thoughts. First, you would not patent the story itself. That would be copyrighted. This application (not yet a patent) is trying to patent a particular method of providing a customized ebook. If you can think of a way of creating an ebook platform that is different than that described in the claims, then yes you can try to patent it. There may however be other patents and prior art to consider.

  • No problem. As @DonQuiKong suggests, it is good form to accept an answer if one suits you.
    – Eric S
    Dec 14 '16 at 19:26

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