How to Patent Software
If you’re thinking about how to patent your software invention, this article is for you. We’ll look at some reasons why it may be patentable and provide some tests to determine if your invention is patentable. Also, we’ll go over how to get a provisional patent application and find a patent attorney to assist you. The next article will cover why you should file a provisional patent application and what you need to do to obtain a patent.
Why you should file a provisional patent application for a software invention
If you have invented a software program, you probably have considered filing a provisional patent application to protect your idea. The main advantage of filing a provisional application is that it is much cheaper than filing an official patent application. Unfortunately, if you want to file a provisional patent application, you will need to pay a filing fee to the Patent Office. This fee is $130.
When filing a regular patent application, you must keep in mind that this will take years. In addition, you will have to pay maintenance fees to keep your patent. While you will still receive priority, the provisional patent application will give you a little more time to refine your software. Besides, you can also get an early filing date. This will help you save money on the filing fee.
The most important part of a provisional patent application is the detailed product description. You must include dimensions, shop drawings, abstracts, schematics, and other relevant product details. You should make sure that your written description is complete, free of grammatical errors, and is easy to understand. Finally, make sure that you have included all relevant information in your provisional patent application.
You don’t need to develop your software innovation to file a patent for it. You just need to make sure that you describe it in enough detail that others will be able to implement it. If you’re not confident that your software innovation will be implemented, you should wait to file a non-provisional patent application. The most obvious reason to wait until a beta version or launch a fully-featured software application is to avoid costly mistakes.
In addition to making your invention patent-ready, a provisional patent application allows you to immediately commercialize your product. This is particularly beneficial if your software has potential to be useful in other areas. Moreover, you can avoid the high costs of a patent if you file a provisional patent application. And it also gives you a better filing date. It’s easy to get a provisional patent application for a software invention because it only costs 20% of the cost of a non-provisional patent application.
Tests to determine if a software invention is patentable
When it comes to patentability, computer-related inventions must have functional characteristics that transform abstract ideas into a recognizable and patented product. Previously, courts had interpreted the “machine or transformation” test as an important clue in determining whether an invention was patented. In Bilski v. Kappos, however, the Supreme Court left this question open, requiring a process to be tethered to a machine or apparatus and transformation of the article into a different state. The Court ruled that this was a significant clue.
But the form-function model proposes a more reliable patentability test that takes into account both form and function, and does away with ambiguity in the process. This test would be based on approximations of function and form and be applied in addition to other patentability tests. By using the form-function model, inventors would be assured that their software inventions are patent-worthy if they meet both the parameters.
One of the main arguments against patentability is that the mathematical formula in the software is patentable, but its existence does not render the invention non-patentable. Instead, the algorithm must perform some functional property to be patentable. The mathematical formula itself does not need to be a new product; it simply needs to perform a specific function. A mathematical formula in a computer program claim, for example, must meet the requirements of a patentable subject matter.
In the case of computer-based inventions, the Federal Circuit has devised a new test for patentability called the “concrete-use-tangible-result” test. This test requires that the computer program in question produces a tangible, useful, or abstract result. The court also looked at the computer as a new apparatus. This test seems very straightforward and clear, but it’s important to remember that the Federal Circuit is not the only court to apply the “concrete-use-tangible-result” test.
In the case of computer programs, the courts have given primary importance to form and function. It is also important to note that computer-related inventions have not yet failed to meet the machine-or-transformation test. In the case of computer-related inventions, the court has interpreted the Diehr decision to mean that a program that produces a tangible, useful result is patentable.
Getting a provisional patent application
Before filing for a provisional patent application, it is crucial to determine the exclusivity of your invention. If someone else has already created or released something similar, then it will be futile to file for one. If you have a new idea, you can do a patent search on the United States Patent and Trademark Office’s website or on the World Intellectual Property Organization’s website to ensure that your product or idea is original and new.
There are several reasons to file for a provisional patent. First of all, it will cost you less than you would have paid for a full patent. Additionally, you will get priority date protection. A faster patent issue will make it easier to sell, license, and enforce your invention. This will ultimately improve your business prospects. You can get the patent issued in as little as 12 months. By following these tips, you’ll be well on your way to patent your software and keep your business afloat.
When filing a provisional patent application, you must name all of the inventors of your invention. The provisional application will not give you priority date if parts of your invention do not fall under the scope of the application. However, you can still obtain the patent in the US if you file it before the timeframe for a nonprovisional application. If you want to keep your provisional application, you should have an agent or attorney file it for you.
If you want to protect your software idea, you must be confident about its implementation. However, if you’re not sure that it will work, then you should wait until beta or launch it to secure a nonprovisional patent. You may be able to get free legal help, but you can’t be guaranteed that your software won’t be copied or patented by someone else. You should also know the scope of your company and whether or not it is unique and valuable.
While there are many advantages to filing a nonprovisional patent application, you may want to consider a provisional patent application instead. Inventiv is a nonprofit organization whose mission is to help independent inventors protect their products and ideas. While it’s a costly process, it can be very beneficial in the long run. If you can afford it, a provisional patent application can be a good start.
Getting a patent attorney
The most important part of a successful patent application is the ability to communicate with your attorney. You should set clear expectations of your attorney, so you can be sure that they will deliver on their promises. While you may not need a 50-page tome of correspondence, you should be clear about what is expected of you and when you can expect certain deliverables from them. You should also be able to hold them accountable to this contract.
While most lawyers are competent and capable of filing patent applications, not all of them are capable of it. Patent attorneys are required to pass an examination to qualify. Patent attorneys are skilled professionals who specialize in a particular field. They often have technical backgrounds, including programming, engineering, and science. These professionals have graduated from a law school and passed the bar exam. They also specialize in a particular technical area, like software.
When you are ready to file a patent application for your software, consult with an IP attorney. A patent attorney can file for copyrights and protect your software, as well as defend your patent when it is challenged. A team of software patent attorneys at Virtual IP Law is committed to ensuring that your software patent is approved quickly and protected over time. So, if you want to protect your software, contact Virtual IP Law today. You’ll be happy you did!
When filing a software patent application, you’ll need to explain your software to the Patent Office. An attorney who specializes in software patents will know exactly what the product or service is, and will ensure that your application is bulletproof. Without the proper knowledge of your software, a patent application will not stand a chance of being granted. Moreover, you must have the economic resources to fund litigation. For this reason, it’s best to hire a patent attorney who has a business background and a high success rate.
If you don’t have the time to hire a patent attorney, you may decide to file a patent application on your own. However, it’s vital that you know exactly what you want before hiring a lawyer. It’s important to ask many questions and research the different lawyers before you make your decision. If your budget is limited, you can also go with a freelance patent attorney for a fee.