Photo by: Vlada KarpovichIn the ever competitive global of software program development, protecting your highbrow assets (IP) is of maximum importance. Nowadays, a brand new software solution or application is advanced every second and registering your thoughts, algorithms, and strategies with the law may be the brink you want to win against the opposition. This is where a software patent attorney becomes essential. These specialized lawyers assist technology inventors attorneys in the series of complex legal processes of patenting something so that such inventions are protected. But the question is, what does a software patent attorney do, and how are they important for your success? Let’s find out.
1. What is a Software Patent?
Software patent is the exclusivity one receives concerning their invention such as an algorithm in the software industry. With this type of patent, other entities are restricted from utilizing, trading, or making the technology that was patented without the patent owner’s consent. Software patents are different as they are not concerned with a tangible substance and are concerned with functionality. This makes for more difficult patents to obtain as one must demonstrate that the software is non-obvious, useful and in fact, novel.
Key Requirements for Software Patents
Novelty: the software should be the one which has never been invented before or is an enhancement of a previous invention which has not been patented or revealed to the public.
Non-obviousness: It has to be something that is not an obvious solution to an individual who is skilled in the field, is a mere solution.
Utility: The practical significance of the software must be evident.
2. Why should you employ the Services of a Software Patent Lawyer?
Attempting to file a patent application in relation to software without proper assistance can be very problematic. A software's design and the invention as a whole is patentable, and a software patent attorney specialises in such patents. Here’s how they are able to help:
Patent Law and Technology Mastery
Software patent attorneys are skilled enough to practise law and have good knowledge of technology which gives them an edge of being able to understand the full picture – the software and what’s legally required.
Fending Off Patent Infringement
With the help of an attorney, I am able to ensure that your application is well prepared, and so you will not need to worry about your IP being infringed upon.
Better Odds of Approval
Obtaining a patent isn't a smooth project. When you lease a professional, he/she will assist you in filing an application that is compliant with all important criteria, therefore reducing the possibilities of denial.
Time and Cost Saving
Incorrect parenting applications may escalate the costs borne, as well as cause delays and rejections. An attorney solves this problem by making certain that each detail complies with the standards established by the United States Patent and Trademark Office (USPTO).
3. Considerations In Engaging a Software Patent Attorney
You should make sure to not only have the right software developers working on a good idea, but also have the right software patent attorney for the purposes of effective application of a patent grant. Below are some of the factors to consider:
Working Regulations
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Professional Skills
A good attorney is able to dress their thoughts in legally correct words and to communicate effectively. For the amateur who is not knowledgeable about software patent law at all, it may not be an easy legal language to grasp.
Where They Are
Are they in an area where software patents are enacted? If a software patent attorney or patent agent is physically located in an area where all software patents and patent applications are neglected, that is bad news.
General Expectations
Most would expect the fees to be fairly reasonable, within the means that working for big well-off corporates would allow lawyers, but this only seems applicable in the software development sector.
4. The Software Patent Procedures Outlined
Admittedly, when looking to apply for a patent for your software, it is to be expected that it would take a reasonably long duration, anywhere from one to three years for an average application. It’s a lengthy process for a reason, so let’s take a look at a simplified overview of the entire process – step by step:
Step 1: Making a Submission, Looking at Other Patients First
An attorney will do this step first, right before submitting the request for a patent, as they wish to make sure that there are no other patents for similar inventions.
Step 2: Writing the Patent Application
Mark this moment as your focus-you could hire a software patent attorney as he will be the one taking this procedure forward with the best requirements. They help formulate a more detailed explanation about what the invention is all about, asserting its difference and usefulness.
Step 3: Instructions for Filing Application with USPTO
The patent draft is then sent to the USPTO where it gets scrutinised by patent officials after the draft is accepted.
Step 4: Correspondence and Evaluation of USPTO
Sometimes USPTO may ask for amendments or facts to be added. These discussions are handled by a lawyer, who aims at bolstering any necessary explanations.
Step 5: Issuance of Patent and Approval
Provided approvals are given to the directives within the patent, a patent shall be issued which is a legal right to settle down with your software invention.
5. Problems of Software Patent and Associate-Barrister’s Aid in Few
Software patenting does hold some challenges more so due to the factor that establishing a software as brand new as well as non- obvious can be tricky. Here's how he breach many hurdles:
Amendments to the Requirements: Software comprises algorithms and data processing and tends to be treated as a mere concept which needs clarification which an attorney can provide while drafting the patent with the required functions detailing the usage.
Combating Patent Trolls: Patent trolling is the act of suing other companies for infringement of a patent the lawsuit’s originator does not use or has no plans to use. In this instance your lawyer seeks to surround such situations and to safeguard your IP.
International Considerations: software patents are fair within regions, however, in some regions, a software that is patented in the United States may not be valid in certain countries. Therefore, if your target market encompasses a wide dimension your attorney can cover that through international patents coverage.
6.”Hiring a Software Patent Attorney Cost”
A software patent attorney is of great investment and that requires a specific costwell of investing on that product. The charges may vary highly based on the kind of patent and the proficiency of having that attorney. As a thumb rule software patent attorneys would charge between $8000 and $20000 for a patent application including the search, drafting and revision.
7. How Do You Want To Get a Software Patent Attorney?
As a suggestion, if you are developing a product, it is advisable to consult an experienced and knowledgeable software patent attorney as early as designing your product. This ensures that your IP is properly protected at the earliest and you are positioned well to avoid expensive mistakes.
Conclusion:
At the time of posting this article, software patenting is an important undertaking for software designers who want to secure their original ideas into workable software applications. With the right software patent attorney, it’s easier to get to the end of the patenting process while rest assured knowing that your IP has adequate legal protection. He or she will assist you in coming up with a unique legal strategy that enhances the chances of your application being granted, and this is important to maintaining your market position and creative ideas.
FAQs
Q1: Is it possible to patent software in every country?
A: No, the ability to obtain a software patent is country dependent. In the USA, some general software technologies can be patented having met some specific criterion for example, software that supports the main purpose of a machine or an apparatus or software that adds new properties to the machine or apparatus. Yet European countries seem to have different and stronger conditions that need to be fulfilled.
Q2: How long does it take to secure a software patent?
A: It can take between one year and three years to conclude the process patent resides in the difficulty of the software and the workload volume the USPTO has.
Q3: What other options are available for protecting software aside from a patent?
A: There are other IP barriers such as Trade secrets, copyright, and trademarks. Each of them has its advantages, depending on the software products and business model that you use.
Q4: How does it feel to get a software patent? Is the cost worth the effort?
A: That is correct, usually the costs are in a range of 8,000$ and 20,000$. In the long term, however, this can help avoid employing unwanted litigation or loss of intellectual property.
Regardless if you are a new business in the space or a more developed tech enterprise, a software patent attorney can be the right partner for safeguarding the software you built to succeed.