SOFTWARE PATENT ATTORNEY

How to Get a Software Patent?

Patent rights can protect the imagination and creative aspects of inventions. Patent rights protect inventions from being copied by others. But, each country’s process of securing protection differs, and every country has different limitations and options for patenting software inventions.

In the United States, there are special limitations on obtaining a software patent that have been crafted by various Federal Courts. Patent legislation expressly excludes software. Other countries have different limitations.

What is a Software Patent and what are Its Benefits?

A software patent is, in simplest terms, a utility patent that claims a software invention. Software patents have been the subject of extensive litigation, and have been licensed for hundreds of billions of dollars, with many of those fees going to small inventors. As a result of the numerous cases that have been litigated, there are numerous precedents that have been issued and created various limitations on what software can be the subject of a patent and what cannot. For example, software must be useful as defined by 35 U.S.C. § 101.

Software Patents are Extremely Important

Software safety and security are essential in the InfoTech sector because it brings value to hardware without which a computer program cannot execute properly. Encouraging research and development in these areas is vital to the economy. These are just a few of the benefits of software patents.

Patent rights protect computer programs that are useful inventions in view of all known past inventive efforts. In practical terms, a software patent saves inventions’ viability and stimulates creation and commercialization. Patent security is provided on a country-by-country basis.

What Can Be the Subject of a Software Patent?

Software patents can be granted for numerous different types of software innovations. For example:

1. New algorithms, such as a new search algorithm;
2. New types of software applications, such as a new type of social networking;
3. Software as a Service Innovations;
4. Cryptocurrency Innovations;
5. Mobile apps.

However, software-related inventions are generally not treated the same as other technology advances in patent laws. There are many reasons for this; for example, some software patents have attempted to claim simple mathematical calculations, which is a type of abstract idea – a form of subject matter that is specifically barred from patent protection.

At a minimum, a software patent application should include a description of the invention, such as a description of the operation of the algorithm, as well as any novel or important data structures.

Software Patents are Often the Only Practical Form of Protection

Patent protection for a software invention is limited by country and generally lasts for 20 years from the date of filing (although the length of time can vary). Registration and enforcement can be costly and lengthy processes. However, in many cases, a software patent is the only practical means of protecting your invention.

Trademarks generally do not protect software innovations – rather they protect brands.

Copyright provides some protection from copying the source code, images, etc. However, it does not stop a competitor from developing their own product – even if their images and general structure are very close to yours.

Trade secret protection can prevent your employees from taking your source code, art, and other IP and starting a competing company. However, again, it will not stop another company from competing with you.

On the other hand, a well-constructed patent portfolio guarding the key features of your software can stop a competitor in its tracks. In many cases, a software patent is the only real choice.

Benefits and Cons of Software Patents

There are many things that you need to take into consideration before applying for a Patent. The application of patent law to software-related inventions is complex. It is always a good idea to consult a patent lawyer. A patent attorney can help to explain the potential advantages and drawbacks of applying for a patent.

Software Patent Pros

• Protecting your invention. A patent holder can use their patent to stop others from practicing his or her invention. A patent effectively grants you a time-limited monopoly.
• Patents will raise the valuation of your company in the eyes of investors and provide real credibility to the public.
• A strong patent portfolio can be used to fend off a larger, more established competitor.

Software Patents: Cons

• The standard for patentability of software patent applications is still being litigated in court and is not entirely settled. This adds uncertainty as to whether your invention will be granted patent protection.
• Once you apply for a patent, the subject of the patent is no longer is eligible for trade secret protection. However, the source code, operation of features that are not patented, and other information that is not described in the patent can still be protected as a trade secret.
• Some countries do not universally recognize patent rights in the software. However, these tend to be countries that do not respect intellectual property in general or are not significant as markets.