Kentucky Provisional Patent Application for Software Example
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How to fill out Provisional Patent Application For Software Example?
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FAQ
Under the current state of U.S. patent law, patents cannot specifically lay claim to software. For example a patent claim that recites "a software that performs functions X, Y, Z, etc." would not be allowed. However, a patent may lay claim to a computer system and processes performed by it.
A provisional patent application must meet the requirements of 35 U.S.C. § 112 by including an accurate written description of both the components and the operation of the invention. Your application should also include any drawings that are needed to understand the invention.
Unless you only want to protect exactly how the source code is written, it may not be a good idea to rely solely on copyright law to protect software related inventions. To protect the functionality of the software programs you should seek patent protection.
Provisional patent applications are not published since they are not examined and they are only pending at the U.S. Patent Office for 12-months. After 12-months, a provisional patent application automatically becomes abandoned and therefore will never be published.
They are separate forms of protection, but not mutually exclusive. 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.
Software-Based Patents Are Alive and Well. Contrary to misleading headlines suggesting that software inventions are categorically unpatentable and unenforceable, the USPTO continues to grant patents for software innovations, and courts continue to uphold software patent claims as patent-eligible under Section 101.
The only time you should consider seeking a patent is when you develop an innovative software or improvement to existing technology. The focus should be on what novel processes your software performs, and whether your software moves technology forward.
Provisional patent applications are not examined, meaning they will provide no indication as to the patentability of the subject matter. Provisional patent applications cannot be filed for designs.
Parts of a Provisional Patent ApplicationA written description of your invention. Drawings of what your invention looks like (not required, but usually desirable) A cover sheet that lists the inventors. The fee transmittal form and filing fee.
(1) The abstract idea requirement A software based invention is patent eligible if it improves computer functionality by, for example,enabling computations that were previously unavailable or could not be performed by computing devices,speeding up previously available computing processes, or.More items...