Understanding Patent Eligibility For Software Innovations

As technology advances, laws sometimes struggle to keep up. One area that presents particular challenges is patents. What qualifies as a true innovation worthy of protection, and how does one go about securing it? Read on to explore these questions, especially regarding software patents, and learn about:

• The eligibility criteria for software patents.
• The difference between copyright and patents for software intellectual property protection. 
• The timeline, costs, and mistakes that should be avoided when patenting software in the United States. 

What Criteria Are Needed To Make Software Eligible For Patent Protections?

One of the biggest challenges with patenting software is that it often does not involve something truly new. In the industry, this is referred to as a “human activity rejection.” If your software merely automates a task that a human could perform or simply moves that action to a computer, your application is likely to be rejected.

To be eligible for patent protection on your software, you must convince the patent office that this is not the case. You need to demonstrate that your software improves the functioning of the computer or another underlying device. Alternatively, if your software accomplishes something new that cannot be done without a computer, you can also qualify for a patent.

What Is The Difference Between A Software Patent And A Copyright?

There is a significant difference between patents and copyrights. Copyright is something you create. As long as you create it, whether or not it is new or useful, you can obtain a copyright on it.

A patent, on the other hand, must be functional and useful, and it must be new to the world. If someone else has already invented it, you cannot patent it.

Furthermore, copyright lasts for a lifetime plus seventy years after your death, while patents last only 20 years. However, patents protect the function, even if it looks different, so a copycat can be sued, stopped, and potentially required to cover costs. Copyright, in contrast, is much more limited, protecting only that specific expression. It must be identical to your creation to qualify as infringement.

What Is The Timeline For Software Patent Applications?

Applying for a software patent follows the same process as any other patent: you draft the patent, submit it, and then wait. You will exchange office actions back and forth with the patent office two or three times.

Once the patent office finally agrees that it is patentable, your patent is granted. By that time, it is typically three or more years after the initial filing. At that point, you have your patent with all its protections and maintenance fees required every three or four years.

What Costs Are Associated With Patenting Software In The United States?

As with physical patents, the cost of drafting a software patent depends on its complexity. However, the actual filing costs are based on the size of your company and the number of employees.

Attorney John Lin is a multi-talented California intellectual property lawyer with a practical background in software and other cutting edge technologies. Because of his work in the field, John Lin truly gets what the modern entrepreneur needs, even when it means helping them understand a system as outdated and antiquated as software patent filing. 

Is your innovative software protected yet? If you want to discuss it with anyone, make sure you Contact John Lin first to schedule an initial patent consultation.

What Mistakes Do People Often Make When Trying To Patent Their Software?

There are several common mistakes entrepreneurs and innovators make when filing for patent protections on their software, which could end up costing them significantly.

• Ineligible Patents

As mentioned earlier, if your patent is simply a shift in organized human activity that does not involve the machine’s function, you are wasting money, as your patent is likely to be rejected.

• Incomplete Searches

Conducting a complete search is crucial to determine if the patent is worth pursuing. You need to study the marketplace and perform a thorough search to ensure the patent is novel.

• Accidental Releases

Sharing your idea before filing a patent can lead to someone copying or stealing your software. Therefore, it is advisable to at least file a provisional patent application before discussing it with anyone outside your company.

Even if you ask a potential vendor to sign a non-disclosure agreement (NDA), there is always a risk. If your partner betrays you, it may be difficult to prove or stop them if you did not at least file a provisional patent application first.

Once you start discussing your idea with anyone outside your company, the clock starts ticking, and you may risk losing the ability to obtain a patent in foreign countries. In the United States, you have a one-year window to apply for at least a provisional patent application. This time frame is especially critical for foreign patent applications, as many countries offer little to no grace period.

Why Choose Us To Help You Make A Strong Patent Application?

Before becoming a lawyer, I was an engineer for 13 years, so I have firsthand industry experience. Additionally, I speak Mandarin Chinese fluently, allowing me to provide services for Mandarin speakers and communicate directly with engineers who speak only Mandarin Chinese or work with patent filing procedures in China or Taiwan.

I am also highly experienced in shortening the patent prosecution cycle. I strive to avoid letting my patent prosecution exceed two iterations, which is particularly important in the software sector. Reducing even one iteration can save you a significant amount of money.

With my technical background, I ensure that the patents I write are precise and sufficiently technical to provide solid protection. I consider all technical ramifications to offer proper protection while minimizing unnecessary content to avoid additional costs.

For more information on Patent Eligibility For Software Innovations, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (949) 844-5505 today.