Computer Science Patent Attorney - Protect Your Invention
A computer science patent can refer to software or systems. Trust a specialist to help guide you through the filing process.
Computer Science Patent Attorney for Software and Systems
Computers have touched every industry and are commonplace throughout the world. The prevalence of machines in everyday life has meant that about 1/3 of all patents are related to computer technology.
However, for a patent to be computer science-related, the innovation must be related to software or computing processes or hardware.
The Patent Professor® is your trusted partner for filing a patent for a variety of innovations, including computer hardware, communications electronics, software code, GPS and navigational devices, and more.
Should I Hire a Patent Attorney to Help with Research?
The patent process can be time-consuming and expensive, so it’s helpful to know if your idea is patentable before you begin filing.
By doing research, you’ll learn whether your idea is unique, if there are a lot of patents similar to yours, and if you’ll be able to get enough protection for obtaining a patent to be worth the effort.
Making these decisions and doing this research requires experience and context, both of which The Patent Professor® has in spades. Once the research is complete, you’ll have detailed data about any other patents similar to yours, and you’ll have a head start on filing your patent application.
Is My Software Idea Patentable?
The short answer is that it depends.
Software patents are granted to computer programs and applications. They qualify as a utility patent, which is defined as a creation (or improvement) of a product, process, or machine. Utility patents are the most common, and they give the inventor exclusive access to make, use, or sell the invention. Anyone who wants to benefit from the original inventor’s patent must get express permission from the patent holder.
Because software is expressed as code, it sometimes falls under the copyright law umbrella, particularly when it relates to a specific snippet of code and not the application as a whole. Copyright protection is automatic in 151 countries as part of the Berne Convention for the Protection of Literary and Artistic Works, but that still does not offer patent protection.
For software to be patentable, it must meet specific criteria, including:
- It must be able to be used with a machine in an industrial or commercial fashion.
- It must not be “obvious,” meaning the “average” person in your industry would not come up with it during their daily routine.
- The inventor must be able to outline their design in detail. This ensures it is specific and can also be expressly described.
Describing Your Software or Computer Science Invention
The Patent Professor® is here 100% to support you every step of the way in the computer science patent process. However, it will help if you have a clear vision of how your software or computer science invention is innovative. From there, a computer science patent attorney can ensure you get the protection you need.
Be prepared to describe the following when you meet with a patent attorney:
- What is unique about your creation?
- What will your invention do? What is the desired outcome?
- What problems does your software ore hardware solve?
- How does your invention work? How does your software process and handle information?
- What does the user interface look like? Is it a GUI (graphical user interface)? In the case of hardware, how is it used? Are there buttons, levers, or controls?
- Which parts of your program or hardware should be protected by a patent?
Is Microsoft Office Patented?
Updates to Current Patent Law
On November 27, 2000, the USPTO (United States Patent and Trademark Office) changed the publication timeframe for patents to 18 months. This provision means that patent applications remain confidential for up to 18 months after filing. Therefore, if you’re looking for a patent within 18 months of it being filed, your search results may not show anything.
There are pros and cons to this 18-month publication period. Some inventors have expressed concern that the blueprint for their publication is published at all. Others want to have their patent published before the 18-month provision in order to be eligible for royalty collection from an earlier date. According to IP Watchdog, more than half of U.S. patent applications are published within 18 months, many within three to six months.
Also, given the speed with which technology progresses, a patent application can be vulnerable if there is a lag between when the patent is filed and when it gets approved. In the meantime, the technology could face obsolescence.
Working with a computer science patent attorney is critical to protect your idea. An IP lawyer can give you guidance on how to introduce your invention to the marketplace and begin selling it while still being protected during the approval process, for example.
Put the Technical Background of The Patent Professor® to Work
John Rizvi is board-certified in Intellectual Property law, a distinction that is awarded to only a handful of
attorneys. With over 20 years of experience, you can count on The Patent Professor® to legally protect
your idea and help you make the most of it.
Whether you’ve got the idea for something that makes the iPhone look like a child’s toy or you’ve come up with a way to revolutionize project management software, we want to hear from you!