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 Utah
State:
Multi-State
Control #:
US-003HB
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Word;
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FAQ
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.
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.
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".
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.
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.
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.
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.
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.
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.
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Resources are available for Utah residents to help inventors and entrepreneurs learn more about protecting their intellectual property. The typical method of filing a patent application is using the USPTO's Patent Center Website.Navigate to the Patent Center portal and create a USPTO account. The ProBoPat program connects lowincome inventors with patent practitioners for patent preparation and prosecution legal services on a pro bono (free) basis. In filing a patent application and paying required fees, the USPTO provides forms and an electronic filing tool. To apply for a patent, an applicant must file an application with the United States Patent and Trademark Office.