How to Patent a Software Idea

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Patenting your software idea will protect your legal rights.

A patent can be used to protect software ideas. It gives the patent holder exclusive ownership and control over an intellectual property for a specific period of time. Several types of patents are available, namely: Provision, Utility and Design. A Provisional patent is a low-cost application. A Utility patent is used to protect new improvements on an invention that already exists. A Design patent protects the design and structure of the software idea. Applying for a patent requires that you review your software idea to confirm that it meets the legal standards for a patent, and you must also write a detailed description of the software.

Instructions

    • 1

      Perform a worldwide patent search to determine whether your idea has already been patented. Some websites offer patent search services; however, for a thorough search, consider outsourcing this task to a professional researcher who is trained to search databases not only for the name and description of your software idea but also to cross-reference your idea with other classification codes and systems.

    • 2

      Provide all information required on the the patent application form. Double check your paperwork and documentation to ensure that it is complete and accurate before sending in your application. Review your written description and make sure it thoroughly describes how and why this software idea works, the various features, the purpose, and provide at least one example of the process. Your description must also identify why the software idea is useful and document how the end result is tangible.

    • 3

      Attach any drawings of the software idea. Use graphics whenever possible to show how your software idea works and illustrate detailed steps from beginning to completion.

    • 4

      Prepare your patent application with all forms, documentation, drawings, and other attachments. The application package should include this paperwork as well as the filing fee and your contact information. If you use an attorney to prepare the patent application, you should include his contact information.

    • 5

      Mail your application package to the Commissioner for Patents at the United States Patent and Trademark Office.

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References

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