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The first step in preparing a software patent application is to prepare a thorough disclosure outlining your software’s operation, components, methods/processes of use, and desired output, including any drawings, flowcharts, or wireframes for review by your patent attorney.
Wondering how to patent software? Whether you have a mobile app, SaaS, cryptocurrency, or AI based invention, U.S. based software patent attorney Rohit Chhabra explains how to patent software based applications.
The takeaway here is that software-related inventions can be protected with patents by protecting a computer system that performs certain functions, a computer implemented method, and/or a non-transient memory that configures a computer to do things.
A software patent is a patent that protects computer software. Software patents can cover a stand-alone computer software program, a mobile device app, or software that is integrated into a mechanical device.
Inventions incorporating software can be patented before even writing the code. A patent protects the overarching design and architecture of the invention and software which produces the desired outcome.
Software patents and software copyrights are both a part of intellectual property law. According to US law, software (sometimes legally called computer implemented processes) is a patentable item. However, like any other invention, the software must meet certain criteria.
An invention implemented in software may be patentable in the United States, provided it is unique and tied to a machine or transformation. Strictly speaking, you aren't patenting the software itself. Rather, you're patenting one or more...
To navigate this, start by thoroughly mapping out your software’s functionalities and processes. Identify what sets it apart from existing solutions. This might involve distinguishing features, innovative processes, or unique problem-solving approaches that your software employs.
But, in order to patent eligible, software patent applications must meet certain technical requirements, and must be written very carefully. From a technical standpoint, your software may be patentable if: it solves a computing challenge in an unconventional way.
In the U.S., computer-implemented inventions such as software and business methods are patentable, yet hurdles abound. When assessing the eligibility of software and business method patents, the...