Patent Application For Software In Massachusetts
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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.
