Provisional Patent Application for Software Example
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Title of the invention. Names of the inventors. A short abstract (150 words maximum) Specification describing how to make and use the invention, including the best mode contemplated by the inventor at the time of the invention. Claims (not required for a provisional application)
Plan the document before writing anything, making an outline and listing all points that need to be covered. Use a readable typeface such as Times New Roman. Divide the application into sections, and then divide those sections into smaller sections if necessary.
A written description of the invention. Any necessary drawings. The USPTO filing fee.
In the United States software is patentable, and recent decisions from the Federal Circuit are providing new hope that hasn't existed in the industry for years. We typically refer to such inventions as computer implemented processes, but in the end it is software that is being protected.
Computer software or programs are instructions that are executed by a computer. Software is protected under copyright law and the inventions related to software are protected under patent law.
The parts of a provisional patent application should be: The specification (the written description of your invention) The figures (show what your invention looks like) The transmittal letter or cover sheet (this shows who the inventors are and who is filing the application)
A software patent may not be worth your time or money, but there are other ways to protect yourself.Although patents for things other than software are legitimate and have a clear purpose, software patents feel like a joke.
TL;DR. Software based inventions are still patentable in the United States. But, in order to patent eligible, software patent applications must meet certain technical requirements, and must be written very carefully.
You can't patent an existing or old product. However, you can patent a new use for an existing or old product as long as the new use is nonobvious.The product is old, and you can't get a patent on the product. But, you can get a patent on the new method of using the old product.