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Yes, you can obtain a patent for software, but it must meet specific criteria for invention and utility. By filing an Oregon Provisional Patent Application for Software Example, you can establish a priority date while you further develop your software. This application allows you to showcase the unique aspects of your software to the patent office. It's essential to consult with a legal expert specialized in intellectual property to navigate the requirements successfully.
How Do You Write a Provisional Patent?A written, detailed description of the invention.Drawings or illustrated figures that support the invention.Text that describes the drawings or figures.Your name and contact information.Your lawyer's name and contact information.A cover sheet.
3 (k) of the Patent Act, 2002, computer program cannot be patented per se. However, a software can be patented if it is attached to an invention and that it is a component of such invention.
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.
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.
How to Fill Out a Provisional Patent ApplicationA certification that the applicant is the inventor.The inventor's first and last name or business name.Where the inventor is located.The inventor's country code for residence.The same information for additional inventors, if applicable.
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.
A software patent will cost anywhere from $6,000 to $12,000 and possibly upwards of $10,000 in patent lawyer legal fees. According to the American Intellectual Property Law Association, the median cost for a software patent is $10,000 and include the filing fees for the patent application.
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.
Certain things can never be patented, regardless of how well they meet these four standards. They include the elements, theoretical plans, laws of nature, physical phenomena, and abstract ideas.