Can I patent a web application?

You may be able to patent it, but this is a grey area. I would consult a patent lawyer (member of rhe patent bar) and pose the question, in regard to filing a "utility" patent.

Web applications are generally patentable, if the application is both new and nonobvious and the patent application is prepared correctly. Particularly for software inventions like yours, it is absolutely critical to use the services of a registered patent attorney. There are two types of patents- design patents and utility patents. Design patents only protect the ornamental appearance of an object, while utility patents protect their functionality. Generally, utility patents provide much stronger protection against competition, so most likely you would want a utility patent. However, it could be possible to get a design patent for some of the screen shots produced by your web application or the like. You may want to start with a patentability search report and opinion, to get an idea of whether your idea is new and nonobvious and would qualify for patent protection. If your application is still under development, you may want to file a provisional utility patent application initially. Definitely consult with a patent attorney to decide how best to proceed.

YES, that is likely proper subject matter under 35 USC 101 for a patent, specifically a "utility patent", as commonly called a "regular patent". The current test under 35 USC 101 is basically that if the application has commercial utility it is proper subject matter, although there are exceptions. There are two other important criteria, as well, namely 35 USC 102/103 requirement of novelty and unobviousness to a PHOSITRA and 35 USC 112 requirement of an enabling best mode written description. Sometimes "ideas" are not fleshed out enough to allow for an enabling written description, hence the adage that "ideas alone are not patentable". So, YES you can possibly patent it provided it is more than just an idea and provided it has commercial utility Most important at this stage for you is to get professional help - that means a good patent attorney, preferably one with experience in writing software patents.

Q: "I have an idea for a web application/platform ... .' R: Ideas are good. The first step after "idea," however, is NOT acquiring patent protection. The first step is due diligence to determine if your gizmo or service can lawfully be sold and, if yes, then onto the BUSINESS tasks of determining the size of the market, your reasonable percentage, the cost of development and production, cost of marketing, a cost - sale price analysis, etc. etc. etc. It makes NO sense to spend money on patent protection if you cannot sell your gizmo or product profitably [even ASSUMING exclusivity or first mover advantage]. I'll go further: it makes NO sense to spend time or money thinking or talking about patent protection until the numbers reveal that your business will gain a profit w/in a reasonable time ["reasonable" as defined not you but your investors]. Read Harvey Reese's How to License Your Million Dollar Idea [ http://goo.gl/mKS1T ] and a few more books also listed on the linked-to webpage. Then go see a business attorney licensed to practice in your state who will call in an intellectual property attorney when the time is right.

Without knowing more details, I could not begin to advise you on the likelihood of success in getting a patent. Ideas are a dime a dozen. Further, under Section101 of the patent laws as interpreted by the Supreme Court, you cannot patent abstract ideas---our laws protect only useful inventions. I cannot tell from your question whether you have an abstract idea or whether you have developed a tangible invention. Even if you have a patentable invention, it might infringe patent rights of others. In the field of web-applications, there are literally thousands of patents, and some of them are broad enough to cover many web-applications. The first step in determining whether you can successfully commercialize web application is to determine whether you could do so without violating patents and other intellectual property rights of others. This so-called "freedom to operate" analysis is critical because until you get this done, investors are unlikely to agree to provide funding for your application. The first question any investor will ask is whether you have retained intellectual property counsel to conduct a freedom to operate opinion--no one will give you a dime for this unless you can show with reasonable confidence that that you can pursue this application without getting sued by owners of other IP rights. Note also, that freedom to operate analyses are almost never either simple or inexpensive. Note also that patents are often not worth the paper they are printed on. You will not necessarily find a path to commercialize your application merely because you succeed in getting a patent. In fact, the main reason many companies obtain patents is "defensive" rather than "offensive"---i.e., since it is almost always necessary to license IP rights of someone else, patents give you leverage in negotiating "cross-license" deals. Finally, in many cases patent protection is not the best approach to protecting IP rights. It is increasingly common for software developers to rely primarily on copyright law rather than patent law for IP protection. Further, clever branding strategies utilizing trademarks can be just as important as patents or copyrights in protecting your business interests. This is why anyone who is considering a technology-based business should team up from the very beginning with an experienced intellectual property lawyer. If you do not have a budget to retain IP counsel to advise you, then frankly you do not have a sufficient budgetary foundation to pursue this concept. If you are serious about moving forward with this project, you should promptly retain intellectual property counsel