patents
Apple&#39;s magnetic charging port has been patented, but why wasn&#39;t a search engine?
<p>Apple's <a href="https://www.google.com/patents/US7311526" rel="nofollow noreferrer">magnetic port has been patented</a>, and now no other company can use the same idea to build its charging ports. If this can be achieved for a charging port, I was wondering why a search engine or an e-commerce platform per se can't be patented so that no other competitor would start working on it.</p>

<p>Explanations of Apple's MagSafe patent are <a href="https://law.stackexchange.com/q/8382/10">here</a>.</p>
<p><a href="https://www.uspto.gov/patents-getting-started/general-information-concerning-patents#heading-4" rel="nofollow noreferrer">The USPTO explains what can be patented under U.S. statute</a> (which is generally informative for all member countries of the <a href="http://www.wipo.int/pct/en/" rel="nofollow noreferrer">Patent Cooperation Treaty</a>):</p>
<blockquote>
<p>[A]ny person who “invents or discovers any new and useful process,
machine, manufacture, or composition of matter, or any new and useful
improvement thereof, may obtain a patent,” subject to the conditions
and requirements of the law. The word “process” is defined by law as a
process, act, or method, and primarily includes industrial or
technical processes. The term “machine” used in the statute needs no
explanation. The term “manufacture” refers to articles that are made,
and includes all manufactured articles. The term “composition of
matter” relates to chemical compositions and may include mixtures of
ingredients as well as new chemical compounds. These classes of
subject matter taken together include practically everything that is
made by man and the processes for making the products.</p>
<p>Interpretations of the statute by the courts have defined the limits
of the field of subject matter that can be patented, thus it has been
held that the laws of nature, physical phenomena, and abstract ideas
are not patentable subject matter.</p>
<p>A patent cannot be obtained upon a
mere idea or suggestion. The patent is granted upon the new machine,
manufacture, etc., as has been said, and not upon the idea or
suggestion of the new machine. A complete description of the actual
machine or other subject matter for which a patent is sought is
required.</p>
</blockquote>
<p>As noted <a href="https://law.stackexchange.com/a/18182/10">here</a>:</p>
<blockquote>
<p>Despite the best efforts of patent offices many patents are granted
that may not meet these criteria: that's why a patent can be
challenged in court. An invalid patent may stand for many years (or
even expire) without ever being reviewed by a court.</p>
</blockquote>
<p>It is possible to win and enforce a patent that might not withstand a vigorous administrative or legal challenge.</p>
<p>In fact, <a href="http://www.intellectualpropertylawblog.com/archives/software-and-business-method-inventions-after-alice" rel="nofollow noreferrer">there is a great deal of ongoing rule- and law-making regarding what can be patented</a>.  It <em>is</em> possible to patent things that you might consider to cover a &quot;search engine&quot; or &quot;e-commerce platform.  For example, <a href="https://en.wikipedia.org/wiki/1-Click#Patent" rel="nofollow noreferrer">Amazon.com famously patented &quot;one-click&quot; ordering</a> in the U.S., but its application with the European Patent Office was refused.</p>
