Can You Patent a Software Architecture?
Is your invention a software architecture? Before filing a patent application, it’s important to define the invention clearly. If there’s a physical component, can you patent it? If not, shouldn’t you file an application anyway? Read on for some important tips. Here are some of the most common software architecture patent questions. Do you have a patentable idea? Are you able to define your invention in detail?
Unpatentable software architecture
Software patents cannot claim customer benefits. The Supreme Court recently decided that a piece of software can be unpatentable. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 141 (2015). A detailed patent application should include all embodiments. Detailed patent applications have a better chance of being accepted. Here are some of the characteristics of patentable software.
Patentable software is not impossible to create, but there are many arguments against this approach. One of the strongest arguments against patents is that they slow innovation. Many developers argue that 99 percent of software is not novel and not already available. That isn’t true, as all inventions must be nonobvious and novel. Brad Feld lays out several arguments against software patents. We’ll discuss the merits of each position in more detail below.
Patent eligibility requires the invention of a computer program that solves a problem that’s “necessarily rooted in computer technology.” In other words, the idea must solve a problem in an unusual way, with claims that don’t preempt every possible application of the same concept. This is especially important when developing software to solve a complex task. If you can demonstrate that your idea solves a problem using computer technology, it’s probably patentable.
Defining the invention before filing a patent application
If you are interested in securing intellectual property rights over a software application, the first step is to define the invention. Software patents are useful for determining who owns a piece of software. However, patenting a simple piece of software is not advisable. This article will give you a few examples of successful software patent enforcement trials. The next step is to determine whether the software is truly novel.
Defining the invention before filing ia for software applications can be tricky, especially when the process is abstract. In many cases, the court has defined a product claim as reciting an abstract idea. For example, in Versata Dev. Group. v. SAP Am., Inc., 115 USPQ2 1681, the claim involved a new circuit design that implemented logic. The patent examiner must interpret this as a new and inventive concept and not as a specific implementation of an existing product.
Should you file a patent application?
The first step is to identify your invention’s scope. Many software patents are limited to one or two functionalities, so your invention must have specific features that meet the requirements to receive patent protection. For example, your invention should reduce the amount of computing resources needed to perform a specific task, but it must also be novel enough to qualify as a useful invention. Patent-eligible inventions often meet these criteria.
Often, new applicants focus on describing their software from the perspective of the end user. However, patent law requires a detailed description of software from the computer’s point of view. Thus, it’s important to describe your invention in terms of its overall logic and operation. A flow chart that describes the software’s logic and steps is crucial in filing a patent application. Once you’ve created a flow chart, you can write a patent application describing your invention.
Another important step in patenting software is to know if others have already patented the same technology as yours. This step will help you determine if your invention is truly unique. Getting a patent is difficult and expensive, so if your software is similar to hundreds of other patents, you won’t get a broad patent protection. Additionally, patenting software can take a lot of time, so it’s important to research before pursuing it.
Another step in patenting software architecture is to find an attorney to assist you. A qualified attorney can guide you through the entire process. A qualified attorney is especially valuable when it comes to drafting a patent application, as it is hard to make changes after you’ve filed it. The lawyer will also be able to help you craft claims, which are important for patent-ability. If you find a qualified attorney, you will have less chance of your software being rejected by the USPTO.
The Alice case has changed the patenting process. Because of the Alice decision, software architecture can now qualify for a patent. The Alice case paved the way for software patents, but the Bilski v. Kappos case has resulted in many patents being invalidated because the USPTO didn’t research them well. If you are looking to protect your software, you should consider patenting it if it improves the way it works.