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How to Patent an Algorithm

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Utility patents can be granted to anyone who creates a new and useful process or process improvement.

A patent provides the inventor of the algorithm with the legal right to exclude anyone else from using, re-creating or selling the algorithm for a limited period of time.

Instructions

    • 1

      Search the United States Patent and Trademark Office database to determine whether your algorithm has already been patented.

    • 2

      Determine whether you need international protection and whether you want to file globally or only in the U.S. Choose between a provisional or non-provisional patent application, based on your financial resources. Choose to file an expedited patent application if you have time constraints.

    • 3

      Contact a patent attorney registered to practice before the USPTO to help you with the preparation of the patent application papers.

    • 4

      Apply for a unique customer number and a digital certificate at the United States Patent Office. Download and complete the Certificate Action Form on the USPTO website once you have a customer number. You will receive an authorization code and a reference number in the mail after the Certificate Action Form has been processed.

    • 5

      Electronically file your patent application with the help of your patent attorney using USPTO's EFS-Web (Electronic Filing System). See Resource section for link.

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References

Resources

  • Photo Credit Don Farrall/Photodisc/Getty Images

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