This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Patent Application For Software In Massachusetts
State:
Multi-State
Control #:
US-003HB
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
One thing that makes the patent application process complex is that describing software technology and innovations is often difficult. This is because they entail abstract ideas, making it difficult to understand and establish whether the innovation should enjoy copyright protection.
Software-related inventions are patentable. To qualify as an invention, however, there must be "a creation of technical ideas utilizing a law of nature" although this requirement is typically met by "concretely realising the information processing performed by the software by using hardware resources".
The simple answer is yes, you can patent software. However, there are strict rules to follow as to what software or software-related inventions can be patented. Let's begin by taking a brief look at what the requirements for obtaining patents in general are before applying these rules to software.
A technology patent requires explicit documentation of the methods and research that goes in to developing the outcome you are seeking to patent. As you develop your invention, you should keep careful notes and evidence of your methods and processes for creating the final outcome.
For software or an app to be patentable it needs to meet specific criteria. A patentable invention must provide a technical solution to a technical problem. This means the software or application should offer something beyond a simple business method or abstract idea—it must contribute to the way technology functions.
The real question is whether software-related inventions can be patented. The answer to this question is YES!
How to File a Patent in Massachusetts Create a prototype. Write out every aspect of the invention in words. Make drawings of the invention. Build a prototype of the invention. Test out the prototype and make improvements to it. Consider all the variations of the invention.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
More info
Schedule an appointment. Each patent application has several forms that must be filled out and submitted.A list of these forms can be found here. Once a patent is issued, it is typically enforceable for 20 years from the initial filing of the application that resulted in the patent. The first step is to fill out the application form. The inventor must be a resident of a contracting nation to file. Don't bother filing a Boston patent application if the idea is already patented. All Patent Attorneys must pass the United States Patent Bar Exam. Actually, when preparing a Patent Application, state law is not involved.