A service can be patented if it is new and nonobvious. For example, you can get a patent on a new use for an old product.
Here is a list of patents for various services:
- Service of finding lowest cost provider of subscription products: USPN7505924
- Guest services management service: USPN7542560
- Call transfer service: USPN7103166
Why is a service eligible for patent protection?
A service is eligible for patent protection because a service is merely a patent with method claims. When you click on the patent links above, you’ll notice that the claims are directed to a method. Since patents can protect methods, patents can protect a service. However, the service still has to satisfy the other hurdles of getting a patent, namely, novelty and nonobviousness.
What services can be patented?
Services that are novel and nonobvious can be patented.
Novelty means that the steps have to be new in view of the prior art. Did someone else actually perform those steps before you and in the order you took them? If not, you’ve passed the novelty hurdle.
The next hurdle is obviousness. The steps have to be nonobvious in view of the prior art. Would someone who normally works in that industry have done what you suggest as the new service? If yes, then the invention is obvious and not patentable. If not, then you possibly have something that may be patented.
Also, even old steps are patentable if the order in which they are taken is novel and nonobvious and the new order provides a new benefit.
What services are worth patenting?
Services that provide a new benefit to the user in a new way are worth patenting. Does the new step provide a benefit to others that others want to buy? If the new step doesn’t have any significant benefit, then don’t get a patent. No one will pay for your new service. Wait for your next idea to get a patent.
One of the great things about patenting a service is that it is detectable. You know when someone is infringing on your patented service. How? They are advertising the patented service to others. Once that happens, you know that infringement most likely exists and you can sue them for patent infringement.
What type of patent should you obtain for a new service?
You should obtain a utility patent for a new service. Patents come in three varieties, namely, utility patents, design patents, and plant patents. Design patents protect the aesthetics of a product. A service has no aesthetic features. It’s a series of steps. A plant patent protects plants. A utility patent is what you use to protect your service.
To learn how to patent your service, read my article: How to patent an idea?