The specification should be in conformity with the requirements of the Patents Act 1992 and Patents Rules 1992, typed or printed on single sided A4 pages with margins of 2 to 3 centimeters. These margins should be blank, and each page should be numbered. Two copies of the specification must be submitted.
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.
The Poor Man's Patent Is Obsolete Being the first to invent will no longer save you is someone else filed first. So even if you did write out the idea for your invention and mailed it to yourself, that date would not matter.
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.
Recommended Steps to Protect Your New Invention/Product Step One: Develop a Prototype if Possible. Step Two: Perform a Patent Novelty Search. Step Three: Complete an Invention Disclosure Form. Step Four: Have a Patent Attorney Prepare, File, and Prosecute a U.S. Patent Application Before the U.S. Patent & Trademark Office.
How do I protect software with a patent? If you want to protect your software through the patent system, you must submit a patent application. Your application must describe your invention in detail (the specification), should include drawings, and must truthfully name the inventors of the invention.
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.
The real question is whether software-related inventions can be patented. The answer to this question is YES!
When drafting descriptions, a step-by-step approach can be highly beneficial. Start with a broad overview of your software, then drill down into specific components or processes. For each section, clearly describe the problem it addresses, how it operates, and why it represents an improvement over existing solutions.