Software is everywhere nowadays. Software is everywhere we go in our day, from controlling streetlights to keeping IoT devices secure, and everything in between. Software is not complete without patents. Many of us don’t know how to do this. Patenting software is a process and although it can be a little complicated, this article will walk you through each step of the building process given that a strong patent is required for software pieces.
Is Software Patentable First?
Answer: Yes. Software Inventions that are novel, useful, and not obvious in any technological field can be granted patent protection. National patent laws establish the criteria for patentability.
Patents are available to protect many types of computer software in America, including mobile apps and Software as a Service apps (SaaS) apps. However, this was not always the case. Computer programs were not generally patentable in the 1960s according to conventional wisdom. The Supreme Court dealt with the matter three times in the 1970s and 1980s. The Supreme Court first concluded that most software is copyrightable but not patentable. The Supreme Court then ruled that patent protection is possible for anything man-made under sunlight, provided it meets all patent requirements, including Sections 102 and 103.
The 2014 Alice decision has changed the rules regarding software that is eligible. This ruling reiterated the principle that patents shouldn’t be based on a fundamental idea. It must also contain an “inventive stage.” Even though a task is performed using a computer, this does not necessarily mean that the process itself is novel. It became more difficult to patent computer programs and this reduced the number of software patents for “business methods.” Although these patents are still possible they are becoming increasingly difficult to obtain. The software can be patentable as long as it does not target an abstract idea.
Software patents are available today to protect a variety of processes, codes, or programs. The software can be described as scripts, programs, or applications. It also includes any code that runs in a system, a game, or social media application. Software patents can cover the software, its library, interface, and algorithm. A patent can also cover any technological feature that allows a computer to perform an essential function. This is why so many people look to patent law to protect their intellectual property. Amazon’s “One-click-to-buy” button, which was patented in 1999, is still the most widely used software product in the world.
Software-related inventions are not treated in the same way as other technological advances under patent laws. This could be due to a lack of understanding or lack of knowledge about the nature of software innovation and the protection afforded by different IP rights. Some software is patentable while others are not. Software that does not fall under the patentable category includes software that deals with underlying economic principles, methods of organizing human activities, and mathematical relationships.
Software that enhances computer functionality or has technical features is patentable. This is especially true if it reduces the computer’s ability to perform a specific task.
Software is a very important subject for patents. However, it is also an area that is uncertain in U.S. Patent Law. Software patents can be strong if you prepare them properly. It is important to analyze the current patent law in order to determine what patentable innovations are. This will help you prepare for the patenting process. It is important to carefully consider how to present the invention in the claims.
Patenting Categories for Mobile App and Software Inventions
These patent categories are –
- Design patents.
- Utility patents.
Software Design Patents
Patents for design features that are novel to software interface designs can be granted. They can also be used to protect Graphical User Interfaces (or GUIs).
GUIs are visual icons, animations, and visual indicators that allow users to easily understand the various features of the program.
Requirements for Patent Protection of GUIs
Design patents are granted only for new or not-obvious versions of existing designs, as is the case with all patents.
2. Manufactured Product
Articles of manufacture can include any man-made device that has a design, picture, or other tangible material.
The GUI design can be used alone, but it cannot be protected by an article or manufacturer when displayed on a mobile device.
3. Ornamental Design.
The article’s utility or function cannot dictate the design. The GUI’s ornamental elements must not be tied to its functionality.
A particular design that is required for functionality will not meet the ornamental requirement because it would have dependence between them. To be patent-eligible, it is necessary to determine whether the designs are separate and independent from each other.
To protect the GUI’s functionality, you should apply for a utility patent. It may be possible to file for both utility and design patents for the same product depending on the circumstances.
Utility patents for software inventions
Although design patent protection can be used to protect ornamental aspects, functional aspects of the user interface should be protected by a utility patent.
Software utility patents cover algorithmic methods and processes. You can obtain one by focusing on these:
- Improvement in another technology or technical area;
- Improvements in the functionality of the computer;
- Transformation or reduction of an article to another state or thing
- Add a limitation to the claim that is not well-understood or routine in the field or add unconventional steps that limit the claim to a particular useful application.
- Other meaningful limitations than simply linking an abstract idea with a particular technological environment.
You must teach others how to implement your invention.
These can be used to describe complex algorithms using flowcharts or pseudo-code. Sometimes, complex algorithms can be described using pseudo-code. This is the most common method, although screenshots can be used to illustrate the software’s operation.
To protect the GUI’s functionality, you should apply for a utility patent. It may be possible to file for both utility and design patents for the same product depending on the circumstances.
Here is an example of a utility patent.
The decision to patent your software or not.
It is crucial for inventors to make the decision whether they should apply for a software license. This decision could have consequences beyond software patenting.
In some cases, obtaining a patent is not necessary. If you can train your machine faster and you are able to keep it secret, you might consider trade secrets protection.
KFC’s secret recipe for Kentucky Fried Chicken, the “blend of eleven herbs & spices”, is a good example. This trade secret is easily recognizable. This secret recipe has been sought out by many for years, but no one has ever succeeded.
Trade secrets are items that are of commercial value but are not widely known. These secrets can also be kept secret and may be very valuable and can last almost forever. It is not worth anything if a secret is exposed.
A patent, on the other hand, is not open to the public. They can read, learn and share the ideas in the patent. However, if they want to use them, they will need to obtain permission or a license. Software is a process and a patent will protect your invention. The main ingredients to getting a patent are your software’s results and the functionality it enables. It doesn’t matter if your software is easy to copy; a patent will help you protect it. A patent protects an idea that is not obvious and gives you control over how others use it, even if the code is open-sourced.
The Benefits of a Software Patent
Startups in the software industry need to be able to patent protect their innovation. Smaller companies cannot compete with larger corporations without a patent. Even startups with strong technical skills, a solid product idea, may struggle to compete against large tech companies. It is therefore crucial to secure a patent. A software patent can make the difference between success and failure.
Software and web apps are important business assets that should be protected by tech companies using Intellectual Property Rights Laws such as Patent Protection and Trademark Protection.
Software developers often seek patent protection to protect the software’s process. If your software app does more than simply calculate, track data, or render an interface, it may be patent-eligible. The software invention must also be unique and not already known.
Software patents go beyond mobile apps. Software patents may cover computer software programs, web apps, and software that is integrated with a larger system, or mechanical device.
Although patenting is not something that many founders consider, it is an option. You should see the Phhhoto and Meta examples. Major software companies often file patent applications in order to protect their inventions. Software patents are a key business asset for startups. Software patents can be beneficial to many businesses, but the patent system can also serve strategic purposes such as limiting competitors. Cross-licensing your software with a competitor may be a good option to gain access to their technology. A strong patent portfolio will protect you from patent infringement lawsuits and can prevent retaliatory actions.
When is the best time to file for software patents?
There are many factors that can influence the timing of a patent to protect software inventions, such as the stage of software development and the company’s business goals. These are some guidelines that you should consider when determining the best time to file a patent request for a software invention.
- Public disclosure or sale of an invention is not permitted. An invention that is made public or offered for sale is no longer eligible to be granted a patent in any country, including the United States. It is generally recommended that you file a patent application prior to publicly disclosing or selling a software invention.
- Prior to competitors filing for patents: A company may file a patent application if it believes its software invention is valuable and has potential competitors. This will allow it to obtain patent rights ahead of competitors.
- When the company is ready for commercialization: Software inventions can be costly to patent. Companies may wait until they are ready to market the software before filing a patent application.
- If the company is looking to raise funds: Patents are valuable assets that can help investors. A company might file a patent application if it is trying to raise money.
- If the company is ready for licensing or selling the technology, patents can be used. They protect the company’s rights in a software invention and generate revenue via licensing or sales.
Each case is unique and therefore the best time to file an application for patent protection for a software invention depends on the particular circumstances. To protect a software invention, it is always a good idea to consult a patent attorney.
Before Applying for a Software Patent
You must be able to conduct a commercial viability evaluation before you can apply for a software patent. You must be able to solve complex mathematical equations with your software. Without this knowledge, it would be nearly impossible to make software that is popular.
A prototype is not required, but it’s important that flowcharts be created to describe the software’s functionality. Then write a detailed description and claims along with drawings and drawings for your patent application.
It is best to start by creating a minimum viable product (or MVP) of your software. An MVP is a working copy of your software with certain features. This allows the developer test the software and gather feedback. This allows the developer to determine what features can be improved and which ones cannot. This approach takes into account the entire life cycle of the software. Patenting the MVP may help software last the whole life cycle, depending on its functionality.
There are several things you should keep in mind if you plan to patent a feature of an app. You have twelve months to create the MVP of your app. The provisional application also includes the phrase “patent pending” within the product. Modern requirements under the Alice test require that you include as many programs/algorithms descriptions as possible. An attorney who has successfully obtained numerous software patent applications beyond examination at the USPTO may be very helpful.
Provisional applications are less expensive than non-provisional Patents. They allow you to file both priority and international applications within the same year. They have some drawbacks. They are placeholders that are not reviewed until they become a non-provisional utility request.
The First To File Principle in Patenting Software
The United States Patent System has a first-to-file rule. This means that regardless of the inventor’s invention of the product, the patent will be granted to the first inventor to file the application.
The same rule applies to software inventions. The patent will be granted to the first person to file a patent application for the same software that is invented by two independent inventors, regardless of who invented it first.
Software inventions are not eligible for patent protection. However, the USPTO has specific guidelines. Software must be original, not obvious, useful, and inventive. The software must also be described in the patent application so that an ordinary person with skill in the art can make and use it.
If you are the inventor or the owner of a software invention it is crucial to file a patent request as soon as possible. However, the USPTO will also require that your application meet the requirements. You should also keep track of any public disclosures and demonstrations of the software, as these can have an impact on patentability.
Getting a Software Patent
In order to be eligible for a software patent, your app must meet the above eligibility requirements. It is highly unlikely that your app will be patentable if an existing app has the same feature. Your invention must solve a technical problem. Your invention must solve a technical problem. Your patent application must contain sufficient technical detail.
Software patents are only possible if the invention is of high quality. This includes the novelty and non-obviousness of the claims and the detail description section in the patent application. A patent claim that is effective should focus on engineering solutions to technical problems. To claim the specific pain point that the invention solves, the claims should be narrowly tailored.
Increase Your Chances Of Success With Knowledge Of Prior Art
Patents require that the software be new and useful. It must also not be obvious to the general public. Before you start drafting your patent application, it is important to do a patent search. This process identifies prior art that relates to the invention. This information will assist you in crafting your patent application. It is important to include any commercial products that you invent since many software companies sell their products without patent rights.
Before you start your search, you should understand the USPTO classification system. The USPTO has many classifications and fields. You should spend some time learning about the classification systems and advanced search methods so you can narrow down your search to relevant references. Once you have mastered the system, it’s time to start drafting your software patent application.
You can use the USPTO’s public search facility to locate patents that have been issued for your invention if you already have a prototype or have ideas. For assistance, you can also contact your local Patent and Trademark Resource Centers. Many of these centers have staff that can help you with your search. The Electronic Official Gazette allows you to search patent filings from all major patent-filing nations. You can also view patents issued under The Patent Cooperation Treaty.
Before you file your software patent application, it is important to search for relevant patents. This information is used by professional patent searchers to find similar software and technology. They are more familiar with the patent classification than patent attorneys and inventors, so they know it better. They can also help you navigate the patent filing process, by providing guidance through the patent language. They can also provide the IDS form and online link necessary to submit your software patent applications.
To sum it up, you need to first do a patent search before applying for a software patent. This will allow you to determine if the idea you are trying to patent has been granted. If you do not conduct a thorough search, the process of filing patent applications can be costly. Patent searches can save you time and money. Software patent searches can help you save time and money. Additionally, software patents can last approximately 20 years.
How To Prepare A Software Patent Application
Software patents are very similar to regular patents, so the steps for getting one is the same. It is important to remember that a software-implemented invention must be fully described by the inventor in order to be granted a patent. The description must be sufficiently detailed to allow for the most comprehensive interpretation of the claims in the substantive examination. Your claims must be strategically designed to protect you at the right angle. Infringers who are too narrow can design around the patent, while those who are too broad can be sued.
You must describe the overall architecture of the software when applying for a patent. This can be done by drawing the main modules. You can then show the details of each module using flow charts, similar to peeling an onion. One flow chart must be included that illustrates the general working of the software. You should also include flow charts for the routines and subroutines within the software. These three crucial pieces of information will be a disadvantage in prosecution at the PTO, and ultimately in court litigation. You should apply for patent protection if you believe your software is unique.
1. Software Patent Eligibility Criteria
An invention must meet certain criteria to be eligible for a patent. It must also be new and useful. It must not be disclosed, made public, or sold. It must also not have been used in any other way. The most important thing is that the applicant must prove that the invention is new and unrepeatable to others. It must also be unique, unrepeatable, and unforeseen.
The five elements that determine patent eligibility have been established by the United States Patent Office.
- An invention must include a process, machine, or object.
- It should be useful.
- It should be original or completely new.
- It should not be obvious.
- It cannot have been published before the patent application.
After the applicant meets these eligibility requirements, he/she must file a patent application. A patent request is a legal document that provides detailed information about a product or method. An application is a way for an inventor to protect their idea or invention and make it more commercially viable. The successful patent application can be used by other businesses to stop them from using the software. Software patenting is on the rise and businesses can use it to gain financial success and competitive advantage.
The USPTO has issued new guidelines to help assess patent application validity. These updated procedures are designed to identify claims which cite judicial exceptions and include considerations from the Alice/Mayo Framework. The factors of the Alice/Mayo framework are included in the revised USPTO Step 2A procedure. These revisions will allow examiners to identify claims citing judicial exceptions, while increasing consistency and predictability. A court must first decide whether the claim covers an abstract idea under the Alice case. The courts do not want to patent anything that blocks an entire field. Therefore, your claims must be specific enough to protect your invention but broad enough to prevent others from copying it. Check out our blogs on the ban on patenting abstract concepts.
2. Software Patents Must Meet Non-Obviousness Criteria
Software patents are governed by the principle of non-obviousness. The USPTO examiners will ask hypothetical questions to determine if your invention is patentable. Patent examiners will search for elements that demonstrate your invention is new and will reduce the computing resources required to complete a task. You will be granted a patent if your invention is not obvious. It is important to consider the uniqueness of your invention as well as its potential to create a profit-making business.
The United States has a complicated process for granting a software patent that is based on the non-existence or invention of a particular invention. The line between “inventive” versus “obvious” is not always clear. However, applicants can use the U.S. Patent System to present non-obvious facts once they have filed an application. These are the steps required to obtain a patent that is based on non-obviousness.
- First, inventions must not be obvious to others in the same field. An obvious product is a process that anyone can implement with average knowledge. Unexpected products are not obvious because they are extensions of an existing product. The uniqueness of a mobile app may lie in its use of digital tools, and the collection of data in new ways.
- The term “nonobvious” in US patent law is one of the most important elements for patentability. This is a crucial requirement in order to ensure that patentable inventions are not obvious to ordinary skilled persons in the field. If it contains motivation or a reasonable expectation about the claimed invention, a prior art document may be trivial. It must, however, explicitly teach the claimed invention.
It is not easy to establish non-obviousness because the inventor must consider all aspects of the invention. The court will often issue a software patent based on the obviousness of the invention to others in that field. A software patent can be used to ensure legal clarity and protect software companies’ innovations.
3. Software patent application: Inventive step
This is the most important criterion to determine if your idea is novel or improved. Patents are not for everyone. They are intended to encourage creativity and reward outstanding ideas. The Inventive Step is a key criterion for determining whether your idea is original or not. It must be a significant improvement over existing ideas.
Your software must solve a technical problem, or have some other effect to be patentable. Patent protection must be granted to any technical effect or problem that the software solves. It can’t be a functional feature that solves a technical problem. A software patent that solves a technical problem is more likely to get granted in this instance than one that does not. Your invention must solve a technical problem or perform a technical task to be eligible for a Software Patent.
The computer-implemented simulator can solve technical problems, but it can also have a technical impact that goes beyond the software program’s implementation. It doesn’t matter if a software program can be patentable. However, it must improve existing technology.
4. Filing a provisional patent application for software
You must first create a detailed description of your invention before you file a preliminary application. You may also include details about the app’s functionality or a flowchart in your description. Many ideas can crystallize in the application process. Therefore, it is important to fully understand the details of filing provisional applications. Your chances of having your patent application accepted as a legitimate one will be higher if you file a provisional application.
To be eligible for a U.S. Patent, the provisional application must comply with certain requirements. It must be filed in the names of all inventors. A provisional patent application that is incomplete is null and void. Provisional patents in the United States are granted to products or processes that meet certain criteria such as enablement or best mode. On the U.S. Patent and Trademark Office site, you can find additional information on filing a provisional patent application.
A provisional application is helpful if you’re in the process to patent software. The provisional application will allow you to move on with production and distribution, as well as looking for investment capital. It is worth considering the pros and cons to filing a provisional patent application.
You must file a non-provisional application within 12 months of submitting a preliminary application. Otherwise, the provisional will expire and your priority to it will be lost.
5. Filing a non-provisional patent application for software
Once you have completed your provisional patent application, it is time to submit it to USPTO. A comprehensive information disclosure sheet is required for the filing of a provisional application. This sheet lists all prior art, industry knowledge, and reference points used in your invention. Examiners can review this information. The cost of filing formal patent applications will be twice as expensive than filing a provisional one, unlike a provisional.
In addition to filing your non-provisional application, you must pay the examination fee. It is crucial to pay the examination fees on time. Your application will be canceled if you fail to pay the fee on time. If all requirements are met, then the PTO will grant you the patent. A standard patent lasts for 20 years.
You must also submit prior art when you file the non-provisional application for a patent. This is done by creating an Information Disclosure Sheet (IDS). The IDS lists all relevant references, prior art and industry knowledge. Examiners can also access the information disclosure sheet, which contains the same information as an inventor. The USPTO reviews a formal application and charges twice the amount of a provisional.
You must pay a fee every four years to maintain the patent’s validity. Keep track of the date of the issue and pay each four years. After 20 years, the patents will expire. Due to the complexity of software patent applications and its location, they can cost more than other types of inventions.
Rejection of Abstract Ideas In Software Patent Applications
To patent a program, you must identify an abstract idea. The applicant must also show that the idea is a new innovation on an existing technology. The third step is to explain why the abstract idea is new. Although this can be difficult, it is possible overcome the rejection of an abstract idea and patent a software application as described above.
A lack of clear claims could result in a software patent application being denied. Patentability requirements require that the claim be inventive or novel enough. A computer program that uses a mathematical formula, for example, cannot be patentable. It must also be related to an algorithm that performs calculations. The applicant could lose a patent if they are unable to prove that the algorithm is unique.
Software Patent Applications Claims
Software can be patentable if it’s new and not obvious and if it’s claimed as a method of improving existing technology.
In patent applications, there are two types claims: independent and dependent claims.
Independent claims are the most comprehensive version of a patent application. Dependent claims are intended to reduce the invention by adding restrictions or features to it.
This strategy is good for seeking protection for independent patent claims with a broad scope. A wider range of independent claims can provide greater protection and allow for a larger pool of potential infringers.
Dependent claims are a process that narrows down claimed inventions. To make it easier to identify an invention, dependent claims can be used.
When combined with the claims that it relies on, a picture claim helps define the invention. It also covers your commercial product. Once you have a patent, it will be difficult for others copy your product.
A broad range of claims will give you the ability to deal with any infringers that want to copy your strategy.
Software Invention for a Business Method
A software patent for a particular business method includes tying a process to a specific computer technology. The process typically involves computer-implemented steps which take place over a communication network. It is not enough to state that a certain method works this way. The applicant must describe the process in detail. If the invention is not fully developed and new, the patent will be denied.
To file for a software patent on a business method, applicants must first complete the utility Patent Application for the invention. This will include a description of the software and the algorithm. It is important to provide as much technical information as possible when describing business methods. It is important to remember that patents on software business methods do not claim the source code, as it is only copyright.
How Much Does It Cost To Prepare And File A Software Patent Application?
The cost to obtain a non-provisional patent depends on the software you have created and your industry. The more competitive a field is, the more complex the process will become. Here is a breakdown on the costs of software patenting.
There are many factors to consider when applying for a patent on software. The cost for a software patent is determined by the software’s complexity and the type of filing. An average law firm will charge between $1,500 to $4,000 for a prior art search. This search can help you identify potential obstacles to registration. This search will help you to determine the scope of your software patent protection. This will require the time and knowledge of an attorney.
There are two types of patent costs. The first is preparation. This covers all you need to do to reach the “patent in progress” status. The second is prosecution. This covers everything from filing to the issue and issuance of a patent. Preparation costs include the understanding of the invention, drafting specifications and claims, and getting illustrations done.
The cost of a patent application can vary depending on its complexity and the type of invention. A small entity will pay a filing fee of around $900. Larger entities may have to pay twice the amount. For the entire patent preparation and filing, expect to pay between $10,000 to $21,000 if you hire a patent lawyer. The complexity of an application will determine the fees charged by a patent attorney. Drawing fees are also payable in addition to attorney fees.
Software patent applications can seem expensive, especially for new companies. It is important to remember that patent applications require expertise, which can result in costly re-writes and responses to Office Actions. These potential pitfalls can be avoided by hiring the right attorney. You get what you pay. So, do your homework. Don’t rush to make a decision.
Experience is important in any legal proceeding. A lawyer who has experience in patent prosecution will prove invaluable. A weak foundation in a patent application is less likely to be granted broad protection. It might not be able to raise enough capital from investors, and it may never even get off the ground. Software and biotechnology start-ups may need to pay 1.5 to 2 times this amount. Costs of patent software depend on the complexity and application. Fees are usually based on the complexity and size of the invention.
Patenting software can be costly in terms of time, knowledge, and money. Although the benefits are substantial, it is important to weigh the potential return on the software against the costs. The costs associated with obtaining a patent may not be worth the potential return on the software. If the software generates substantial income for you or others, it may be worth the effort.
How Long Does It Take To Get A Software Patent?
Time is everything when it comes to filing a Patent Application. It depends on the complexity and length of the invention , the time required to obtain a patent can be quite long. A patent search can take as long as three weeks. To determine whether a particular technology or combination is patentable, a patent examiner must look at many prior art references. New inventions in fast-evolving fields like computer software can require a longer examination.
It takes approximately two years for a patent application file to be granted a first non-final office action. You can apply for a Track One application to expedite this process. You will need to pay an additional fee for this option. Acceleration is available for those who are over 65. You can also get your patent faster if you’re an older inventor.
Noting that more patents are being processed by the USPTO, it is important to remember that these applications take longer to complete. Although the process can be tedious and time-consuming, a skilled patent attorney can help you navigate it. An experienced patent attorney can provide expert advice about the timeline and the best ways to speed up the process. A patent attorney with vast experience can help you expedite the process.
Using Your Software Patent
After your invention is patented, it can be used offensively or defensively. A software patent protects your invention from being copied by others. Patents do not give you the right to sell or make the product you have developed. It does however grant you the right of selling or licensing it to others. You can choose to either sell the product or license it to others on the market to use your invention. This is why you have a patent.
You can also register your IP address with the U.S. Customs and Border Protection. Customs and Border Protection can stop imports from infringing countries. To protect your trademarks, copyrights, and patents, you can register them with the US Customs and Border Protection.
Amazon can block infringing software downloads. Software patents can be used to prevent copycats entering the market, and they can also lock out the entire U.S. marketplace. Software industry can also benefit from different national IP laws.
Patent protection is a good option if you want to share your code with others (e.g. by licensing it open source or including it in an open-source project). If your software has no commercial value, it may not be financially possible to file for patent protection.
Patenting software having artificial intelligence (AI)
Artificial Intelligence (AI) is a transformative technology that has the potential for amazing impacts on our economy and society.
Patenting AI technology requires extra work to determine subject matter eligibility and disclose requirements for AI inventions. Patentable steps can include many of the AI processing chains.
Patentable inventions, for example, may include novel neural network architectures.
Patents could be granted to create new connections between neuron networks, or combinations thereof, such as Perceptron and Feed Forward Neural Networks, Multilayer Perceptron and Radial Basis Functional Neural Networks, Radial Basis Neural Networks, Radial Basis Neural Networks, Radial Basis Neural Networks, Radial Basis Neural Networks, Recurrent Neural Networks, LSTM – Long Short-Term Memory or Sequence To Sequence Models or Modular Neural Networks. Patentable combinations of input, hidden, and output layers may exist.
Consider the novel training steps. Patents may also be granted for novel training methods that provide real-time data updates and improve accuracy.
Patenting novel ways to organize data in a particular way to increase training speed or to create training features that improve processing speeds may be something you might consider.
Patents can be granted for a loss function that results in an improvement in speedup, but it is not obvious.
It is possible to consider new aspects of applying AI models for your particular application. You should look at how your AI model configuration affects the computer’s performance. You should also consider how AI can transform or reduce a specific article to another state.
You should also consider how your particular arrangement creates a limitation that is not well-understood or routine in the software industry, or how you add unusual steps to limit the arrangement to one specific useful application.
Patents can also be granted to features that exhibit other limitations than simply linking an abstract idea with a particular technological environment.
Take a look at our most recent AI patent examples and analysis.
Issues in Open-Source AI
Both developers and businesses are benefiting from open-source AI. Half of all businesses use open-source technology to aid in AI/ML, and this number is expected to rise.
Open-source AI is artificial intelligence technology that is free and openly available under different open licenses.
1. Open-source datasets:
Data can be used to train AI software. Open-source AI offers both training and test data for free. Even if you don’t use open-source AI software, these datasets can be accessed. These datasets will make your models more reliable and more accurate.
2. Open-source algorithms:
Both the algorithm and its core statistical model are freely available. These algorithms are usually available as open-source library algorithm libraries.
They can be used as-is or you can train them with enterprise information.
3. Open Source UI:
This interface is open-source and allows you to efficiently use open-source AI. These interfaces can range from simple command-line interfaces, to more complex GUIs.
An overlay UI could be made that uses a different algorithm library, but does not include its own.
Open-source AI is very popular. However, patents can still be filed if these models are used.
If you are using open-sourced computer vision code to detect breast cancer in a new arrangement, you can patent the combination of how you tweaked the model, how you set up the feature extraction and how you train and update it in the context for breast cancer detection.
It is essential to find a patent attorney who understands the technology behind your invention. This includes the medical device component as well as the software. Many AI patents have been granted by our firm. We can help you get patent protection for your AI invention.
Software Patent Examples in Web 3.0 / Blockchains
Web 3.0, a decentralized Web 2.0 version, emphasizes openness and greater utility for users. It differs from Web 2.0, which was built using a centralized system.
Web 3.0 features include:
1. 3D Graphics and the Metaverse
Web 3.0 allows many industries to connect to the Metaverse via 3D design. Check out our repository of the latest metaverse patents made-simple.
2. Artificial Intelligence
Artificial Intelligence (AI) will improve and computers will be capable of understanding and interpreting human speech and actions in the same way that people on Web 3.0.
This will enable computers to recognize more information and provide users with a more personalized experience. Already, there are many patents covering artificial intelligence. PatentPC has analyzed many of the most recent AI patents.
Web 3.0 makes information more connected thanks to semantic metadata. This new connectivity will enable users to access all information, and offer a new level of communication.
Web 3.0 provides increased security and privacy. It uses cryptography to protect users’ data. It also makes it possible to conduct safer transactions among users. Blockchain technology can keep an immutable log of all transactions and activity, which can be used for verification of authenticity.
Web 3.0 allows users interact with other websites and users. Web 3.0 allows users to access multiple content sources simultaneously without leaving their current site.
This flexibility allows websites to be redesigned so that they look different in different countries or parts of the globe.
Web 3.0 offers greater global reach and more flexibility. It is important to find a patent attorney who understands Ethereum technology and blockchain technology.
Our blockchains are patentable and create an uncensored, trusted repository of data that is available worldwide. We can assist you in obtaining patent protection on your Web 3.0 inventions.
Patents for Software in Medical Devices
Medical devices have become increasingly software-based over time. These devices, originally mechanical, can now operate using artificial intelligence and computer control.
More people use smartphones to monitor their health and connect wirelessly with medical devices. It was only a matter of time before software would be patentable as a medical device.
The US Food and Drug Administration (FDA) can consider software that meets these requirements to be a medical device. Patentable software is also possible. Software that is considered a medical device (SaMD) is software that contains information that is important to making a decision in healthcare. It should also have an “independence level”, meaning the software should run on any general-purpose computing platform. The software must, theoretically, be able to perform its medical task without the use of its “normal” hardware/housing.
It is essential to find a patent attorney who understands the technology behind your invention. This covers both the software and medical device aspects. Our firm is experienced in both medical devices as well as software and mobile applications. We can assist you in obtaining patent protection for your medical device invention.
Objections to Software Patents
Many open-source developers are against patents. This is an army made up of developers and lawyers fighting for open-source and free software. Software patent opponents argue that software patenting has problems. These include:
- It is not easy to define software. Software definition is difficult because it is complicated and diverse. This approach may seem almost futile to some scholars.
- Patent attorneys can be very imaginative in their claims, which can mask the true nature of the invention and cause many problems for software patents.
- Software is math. A program is the restatement or modification of an algorithm in specific programming languages. Every programming language (Turing complete) implements Church’s lambda calculus as per the Church-Turing thesis. Software patentability cannot be achieved because software is the transcription of a mathematical function.
- Software encourages patent thickets. Patent thickets are a dense network patents that developers must decode to create new software. Multiple patent owners may protect one innovation, while a product could have multiple patents. Patent thickets can hinder innovation and cause problems with cross-licensing between companies. Although software would be discouraged from patenting, the economic benefits of avoiding litigation over disputed patent rights would outweigh any potential loss. Software hinders the development and research of new software solutions.
- Innovation is hindered – The Electronic Frontier Foundation’s Defend Innovation white paper concluded that too many software patents are being granted, which in reality is stifling new ideas. Patent systems can hinder innovation. Interoperability is believed to encourage innovation.
- Software is extremely adaptable and combinatorial in its nature. Software is intended to be an interconnected collection. Software design will be more efficient if it has many components. This is a crucial point when patenting software. Patenting software must therefore be limited in scope and agreed upon by all parties.
- Software patents do not appear to have a positive impact on innovation. Furthermore, it encourages failed monopolists, who in turn, block innovation by preventing competition.
The battle for code ownership was the defining factor of open-source development over the next decade. Perhaps the most well-known example of this early fight was the Microsoft vs Linux war
Powerpatent is a pioneer in software patents. We understand how to protect software innovation, obtain patents at the USPTO, and defend or enforce patents in an environment that will challenge validity in every place.
Software is still a key driving force in the global economy. It provides greater efficiency and sophisticated forms of digital entertainment. Innovation is crucial to the industry’s growth and future health. Recent decisions by the U.S. Supreme Court, including the Alice decision, have made patenting software innovation more difficult.
We are a pioneer in software patent protection. Today we are focusing on overcoming the challenges of subject matter eligibility under Section 101 as well as on optimal use of intellectual property to increase shareholder wealth. We take an integrated approach to IP – we work together to overcome new challenges, provide the best advice, and give strategic counsel.
Our IP professionals are experts in a variety of software-related technologies. They keep up-to-date with the latest legal issues regarding the protection of software-related inventions both here in the United States as well as internationally. These include protection of business methods and pure applications, data and databases, open-source software issues, and the interaction between patent and trade secret protection. We have expertise in the following software technologies:
- Methods for financial and business transactions
- E-commerce and internet apps
- End-user applications programs
- Interpreters and compilers
- Database applications and data structure
- Data storage, mirroring, and mining
- Translation of language
- Protocols for network communication
- Operating systems
- Scripting languages
- Security and encryption
- Simulation and testing
- Web-based applications
E-commerce and internet apps
E-commerce and internet apps are a growing segment of software patenting. Many of these apps are mobile-centric, allowing business owners to connect with customers on a personalized level. They can also provide additional features, such as location tracking.
Compared to websites, mobile apps are preferred by consumers for their convenience and speed. Apps can also help e-commerce businesses reach more consumers with push notifications, increasing app retention and conversions.
In addition, a mobile app can be used to manage inventory and track customer purchases. In this way, businesses can offer more personalized recommendations to users.
For e-commerce companies, these mobile apps provide an opportunity to connect with consumers in their native language and on their terms. They can also improve brand loyalty and reduce costs.
When a software company decides to pursue a software patent, it should consider the following:
First, does the invention solve a technical problem? This will determine whether the application is eligible for patent protection.
A successful patent should also meet two other criteria, namely novelty and non-obviousness. A novelty rejection occurs when the invention isn’t distinct from existing technologies or is too easily derived from previous patents to warrant separate protection.
End-user applications programs
End-user applications programs are software systems that allow non-programmers to create and edit computer applications. These types of apps can be used in education and business.
Some of these programs may also be designed to promote digital security. For example, a company may use end-user computing to ensure that its employees are secure online.
However, these types of apps can be challenging to manage and control. Therefore, it is important to know how to effectively deploy and support EUC solutions within your organization.
The first step in any EUC deployment is to ensure that every user is given the right level of training and expertise for their particular job duties. This helps to ensure that the solution can meet their needs quickly and efficiently.
Another important aspect of EUC is to make sure that it can be monitored and controlled by IT professionals. This can be done by using an enterprise management system or virtual desktop infrastructure (VDI).
Finally, it is also important to understand the specific type of end-user application program that you are targeting. This can help you determine the best type of program to create for your organization. Ultimately, this will ensure that your IT staff can easily support your users and keep them safe online.
Interpreters and compilers
Interpreters and compilers are programs that assist in converting high-level languages into codes that computers can understand. These are known as machine-language or bytecode programs.
A compiler scans the whole program and translates it into machine code at once before it runs. This is done to ensure that the logic of a programmed language is reflected in the machine-readable program.
An interpreter, on the other hand, translates just one statement of the program at a time into machine code. This is a faster way of executing the program and is especially useful for beginners.
Compilers are used for high-level languages, such as Java, C, or C++. They convert the entire program into machine-readable bytecode before running.
Interpreted programs are faster and easier to debug. The program is translated line by line and the translation is stopped at any error found.
Compilers are better for programming languages like C and C++ where the program code is compiled to machine-readable bytecode. In contrast, interpreters are more useful for languages like Ruby, Python, Perl and Java.
Database applications and data structure
Database applications are software programs that allow you to store data in a computer. They also provide the tools and interfaces to insert, select, delete and update data easily.
Databases are an important part of modern technology, and are commonly used to manage and organize large amounts of data. In addition, they help businesses meet regulatory requirements and ensure that data is secure.
Most databases are based on the relational model of data storage. This model allows for a one-to-many relationship, which makes it easier to build and maintain large-scale systems.
Some of the most popular relational databases include MySQL, SQL Server and Oracle. A special type of database, known as NoSQL (non-relational) databases, can store large volumes of data without the limitations of the relational model.
Another type of database is a hash table, which stores key-value pairs in an array of fixed-size “hash values” that can be searched quickly and conveniently. However, a hash table cannot be accessed by people who are connected to a different connection.
Graphs are structures that represent sets of elements or vertices that can be connected by edges. They are often used to support search operations, such as finding the shortest path between two points.
Data storage, mirroring and mining
Data storage, mirroring and mining are a vital part of many computer systems. In these processes, the data on a disk is replicated to multiple physical hard drives in real time. This ensures that a system is continuously available in the event of a disk failure.
In addition, mirroring can be used to create a backup of data in the event that a primary disk fails. Several techniques are employed to perform this replication, such as synchronous, asynchronous and semi-synchronous methods.
The mirrors are often addressable, meaning that a user can manipulate one of the mirror copies while the other mirror copy is off line. This allows a user to run “what-if” scenarios by modifying data from the mirrored volume.
However, if the system is designed to maintain a Mirror Race Table (MRT), the modifications may cause some data in the mirrored volume to be deleted prematurely. This can have a negative impact on the performance of the mirrored volume, particularly in situations where the mirrored volume is being written to.
While a software patent is an excellent way to protect your ideas, there are some important considerations before embarking on this journey. Having a clear understanding of the issues can help you make the best decision for your business.
Translation of language
Translation of language is the process of transmitting written text from one language to another. It includes the transfer of the intent of a message and the original tone, taking into account regional and cultural differences between the target and source languages.
There are many different types of language, including scripting languages, which allow computer applications to automate tasks, enhance functionality and configure environments. These can be used within web development (frontend scripting), operating systems and runtime platforms for other programming languages.
The language may be a general purpose language such as Python, Ruby or C, but it can also be specifically designed to work in a particular environment or platform. Using scripting languages for web development, or integrating them into a software platform, is a great way to improve your business’s processes.
A wide range of materials need to be localised for use in other languages and cultures, so anything that can be seen or heard, such as videos, audio recordings, interviews, product videos, social media content and e-Learning courses is likely to need translation. This includes all the text appearing on screen or in images and animations, plus any script that needs to be translated.
Software patenting is a complex area of law. It is one of the fastest-growing areas in the industry, but it also has its issues. First, software is only patentable if it solves a technical problem in an innovative way. This requirement is similar to that of other technologies. See examples of software patents below.