Software copyright protects the original work of programmers and software developers by giving them the right to sue infringers for statutory damages. Software ideas are not copyrightable unless they are in tangible form.
A nonprovisional utility patent application must include a specification, including a description and a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing, search, and examination fees. Patent Center accepts electronic documents formatted in DOCX.
A patent application often includes the following primary sections: Invention Title. The title's objective is to provide a clear understanding of the invention or idea. Prior Art: Context and Novelty. Invention Summary. Drawings and Descriptions. Detailed Description. Claims. Scope. Characteristics.
A software invention, for example, could be protected under copyrights (how human expression authored computer-readable code), patents (a useful, novel, and non-obvious method, device, or system), or both.
The short answer is no, you can't patent the code itself. However, you can patent the systems and methods that the code uses. Software patents are important because they protect your unique features and prevent others from copying your innovations.
Yes, you heard it right! Your apps and app ideas can be patented, with the only condition being to meet the eligibility criteria of novelty. However, please note that the app code cannot be patented, as it falls under the category of law covered by copyrights.
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".
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.
In order for software to be patentable, it must meet the same requirements of any other type of invention. In particular, a software invention must be new, useful, and non-obvious. A fourth requirement is that the invention be of a type that is eligible for patent protection.
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.