Shop4Patents

Question:  Can I patent a new business type? For example, if we were the first to think about Franchising a Hamburger shop (let’s call it Mac Meir), could I patent this and prevent others from opening the same business type?

Answer: Yes, you could patent a new type of business it is a common patent application called a business method patent. For example, if there were not any fast food restaurants or anything like McDonald’s you could possibly patent a method for feeding hungry motorist using pre-prepared food and a drive through window. One of the most famous business method patents is the Amazon “one click” patent (US Patent 5960411).

This is just a general summary and it would be best if you discussed the issue with a registered patent attorney. Please be advised that I do not know the details of any particular situation you may have, and am just discussing the general state of the law.

Nothing in this response is meant as legal advice and should not be taken as such and no legal opinions or advice have been expressed. Unless otherwise noted, no attorney-client relationship exists between
any attorney at the Law Office of Steven B. Leavitt and any reader of this information. If you have legal questions specific to your individual needs, then you should consult with an attorney or other qualified legal professional.