how to patent a software is a very common question, but if you don’t know where to start, this article will help you out. The steps involved in this process are as follows: Requirements, Process, Alternatives, Costs. Then, follow the steps laid out in the process to complete your patent.
Is software patentable?
The answer to the question is YES. A patent granted prohibit others from using, selling, or offering the invention covered by his “claims”. These claims are analogous with the legal description real estate.
It is now known that patents can protect many types of computer software in the United States, including mobile apps hence software are patentable. This was not always true. In the 1960s, the U.S. Patent and Trademark Office, decided that computer programs were generally not patentable. In the 1970s and 1980s, the Supreme Court addressed the issue three times. First, it seemed to agree with the PTO’s conclusion that most software was not patentable. Then they softened their position. In the 1990s, any software that produced useful results was considered eligible provided it met all other patent requirements. The 2014 Alice decision changed the rules about what software was eligible. Software is currently patentable, provided it does not direct to an abstract idea.
steps To consider when patenting a software
You must file a patent application if you wish to protect your software via the patent system. The application must include drawings and a description of your invention. It must also name the inventors. These are the main aspects of your application to consider:
#1. Process
Patenting software requires more than routine conventional activities. To receive patent protection for your invention, it must solve a problem in an innovative way. This means that the invention must be unconventional and have specific claims, which do not preempt all applications of the idea.
Patenting software requires a great deal of preparation. The first step is to find a patent attorney who can help you create a patent-worthy application. The attorney will review your software and look for other similar inventions, and once the patent-awarding office believes that your invention is truly unique, the application process can begin. Once you’ve chosen a patent attorney, you’ll need to submit a full application.
The next step in the process of patenting software is preparing for the litigation. Many patent-worthy inventions fail in litigation and the patent office. The Supreme Court’s landmark case Alice has shaped software claims and the litigation process around them. Craige explores how to spot the potential for Alice-susceptible claims. He offers’ red flag’ phrases that indicate weak claims. For example, if the software in question has been adapted from a traditional mechanical design, the applicant must adapt the invention to make it useful for the market.
While there are a number of ways to avoid being a victim of a patent lawsuit, it is important to be aware of the rules in different countries. For instance, a patent in Canada may be different in the US, so a software developer should consult with their local government to determine how the process works where he or she lives.
Patentable subject matter must have a meaningful limitation. The machine must also be able to limit the patent claim’s scope. Furthermore, the claimed process must require the actual implementation of the method steps through a machine. Extra-solution activity refers to any activity that isn’t central to the invention. Thus, if the machine is only present in a step that is deemed to be insignificant extra-solution activity, the claim fails the machine-or-transformation test, despite the presence of a machine in the claim. For example, a method untied to a machine would fail the machine-or-transformation test if the only link to a machine were to use e-mail to communicate results of a process.
#2. Requirements
Requirements for patenting software are similar to those for any other invention. It must have novel and inventive features. According to the European legal tradition, computer-implemented inventions must have technical character. A technical character means that the invention solves a specific technical problem. The problem must be identified and a suitable solution should be proposed. This can be accomplished by writing a program or creating an algorithm.
Software is one of the most important subjects to patent, but it is also an area of uncertainty in U.S. patent law. Proper preparation can help ensure strong software patent. To prepare effectively for the patenting process, it is crucial to carefully analyze current patent law and decide what might qualify as a patentable innovation. The process requires careful consideration of how to frame the invention in the claims.
Patenting software requires that you create a unique piece of software. A software patent can protect the software itself, as well as its library, user interface, and algorithm. In addition, a patent can cover any technological aspect that enables a computer to carry out an essential function. This is the main reason why many people turn to the patent law for protection. For example, Amazon’s one-click-to-buy button was patented in 1999 and is still the most popular software product in the world.
The patentability of software components is essential to encourage the creation of standards, common application, and reuse of software components. Furthermore, patenting software components helps to create a level playing field for competition in the industry. This is critical in developing countries like Australia. Thousands of people are employed in the software industry. Without patents, there will be no standardisation. The software industry is already billions of applications and this is why strong intellectual property protection for software components is necessary.
#3. Alternatives
There are several alternatives to patenting software. However, there are many pitfalls to be aware of. In this article, we will look at some of the alternatives to software patents. We will also discuss how to choose the right patenting tool for your company. A good starting point is to do a research. If you are not sure which software to use, we recommend a free software patent checker. A free version of this software checker is available online.
Often, software patented as an “abstract idea” isn’t able to be patented. The problem is that software that solves an existing problem is not “necessarily rooted” in computer technology. Thus, a patent would not cover every possible application of the idea. However, software that solves a problem unconventionally may become a patented idea. However, in order to become patented, it must meet certain requirements.
Among the alternatives to patenting software is a licensing. You can choose to license to a third party, even if the patent holder won’t agree to a license. For example, a family business that made gambling machinery used a license to avoid patents when another company threatened to shut it down. Thankfully, the league helped the family business stay in business after they learned about the patent threat.
While software patents are valuable, they tie every computer user and developer up in bureaucratic red tape. It also threatens to make business owners in other industries less competitive. Many companies don’t want to be tied up with bureaucracy. And software developers don’t like bureaucracy. So, there are many alternatives to software patenting. Consider all of them and see which one suits you. There’s a good alternative for you.
#4. Costs
The costs of patenting software vary from one firm to another, but on average, the process will cost between $8,000 and $12,000, plus filing fees. If your software is unique and useful, you may be able to secure a patent with just a provisional application, which only requires the filing of a preliminary patent application. The application will be submitted to patent offices worldwide, but a year hiatus is allowed between the filing and the final hearing.
The cost of a software patent application can be higher than for other types of inventions, due to its inherent complexity. A simple invention may cost as low as $7,500, while more complex applications can cost more than $17,000. Biochemical and biological inventions, on the other hand, are typically less expensive. A good way to start the process is to learn as much as you can about the basics of software patenting before hiring a firm to pursue the patenting process.
The costs of patenting software can include time, knowledge and monetary costs. While the benefits of are considerable, you should weigh the costs against the potential value of the software. If the potential return from the software is small, the costs of obtaining a patent are not worth it. However, if the software can generate substantial income for you and others, the investment may be well worth the effort.
Patents are only valuable if they can be enforced. But since patent enforcement is so expensive, few startups or hobbyists can afford it. Many businesses pay royalties to invalidated patents, but this can halt business transactions. If a software company is sued for patent infringement, it may be difficult to recover the costs. The costs of can be wildly high when compared to the costs of software development.
Alternatives to a software patent
Although your software may be new, useful, and not-obvious and is eligible under Section 101 of the Patent Act, it does not mean it is appropriate to apply for patent protection. Patent protection is expensive. If your goal is to share your code with the world (e.g., by licensing it open-source or including it in an existing open source project), patent protection may not be a good idea. It may not be financially feasible to file for patent protection if your software is of no commercial value.
In some cases, a software patent can cover an algorithm, computer program, library, or user interface. The problem with software patents is that they tie up every computer user and developer. Business owners would be up in arms against this tying up of the market. However, there are some alternatives to software patents. Let’s examine them in turn.
One of the most obvious alternatives to a software patent is to obtain a license to the software. However, the patent holder does not have to provide you with a license to use the software. A family-run business manufacturing gambling machinery had an incident in which another company threatened to shut it down. The family business was able to avoid this conflict by seeking help from the League for Programming Freedom. They were able to develop a software that could be licensed instead of completely destroyed.
Another alternative is to work with the U.S. Customs and Border Protection. Customs can block imports of infringing goods from foreign countries, while U.S. Copyright Office can restrict imports of infringing goods. A software patent can prevent copycats from entering the market and can lock out the entire U.S. market. Different national IP laws can also help the software industry thrive.