How to Get a Software Patent

If you’re looking for information about how to get a software patent, read this article. We’ll cover the Basic requirements, Searching for relevant patents, and the Inventive step. If you have developed a new program or application that improves an existing one, you can patent it. But how do you find out which patents are valid? If you don’t know the answer to that question, read on.

Obtaining a software patent

Obtaining a software patent can be a challenging process, as software is constantly evolving. The process for filing a patent application can take years, and many entrepreneurs opt not to pursue the process. It can be expensive, time-consuming, and even difficult to describe your product effectively. There are many reasons why you should hire a software patent attorney to assist you with the process. Here are some of the most important factors to keep in mind.

Nonobviousness is the most important doctrine in software patents. Examiners at the USPTO will ask a hypothetical question to determine whether your invention is obvious. The patent examiner will look for elements that prove your invention is novel and will minimize computing resources needed to perform a task. If you can prove your invention is not obvious, you will have a high likelihood of being granted a patent. Therefore, it is vital that you consider the specificity of your invention and its potential to create a profitable business.

As software is a process, obtaining a patent for it will protect your invention. The results of your software and the functionalities it enables are the main ingredients for obtaining a patent. Even if software is simple and easy to copy, it will still benefit you to protect your work with a patent. If you have a new idea that isn’t obvious, a patent will protect it and prevent anyone else from using it.

Before you apply for a software patent, you should first perform a patent search to see if your idea has already been patented. The process of patent searches is costly and can lead to wasting time and money if you don’t do a thorough search. Patent searches can also save time and money. A software patent search can save you a lot of time and money. In addition, software patents last for about 20 years.

Basic requirements

There are four basic requirements to get a software patent. First, your invention must meet patent eligibility requirements. In other words, your software must be able to be used and is novel, useful, and non-obvious. This requirement is similar to the inventive step requirement in international applications. Once you meet all four, you can start filing for a patent. Read on for more information. If you think your invention meets the eligibility requirements, apply now!

You need to have a good description of your invention. The description must be as detailed as possible, and your application must tie the claimed software to the technical benefits. You should seek professional help with this aspect, since it is not easy to make any changes after you file the patent. A software patent attorney will know exactly how to interpret patent claims to make them as clear as possible. If you’re unsure, hire a patent attorney to guide you through the process.

To get a software patent, you need to have an idea. Your idea must involve more than mere extra-solution activities. It must also play a major role in the achievement of the intended goal. Even if the source code of your software doesn’t match the original program, you can still get a patent for it. You also need to have a proper business plan for your software. In addition, you need to have a solid product roadmap.

In the US, software is a patented item. To qualify, your software must perform a certain function. Whether you’re developing an app for your company or writing a novel piece of software for a client, your software should have at least two of these qualities. You need to prove that your software performs an innovative function that is not obvious to the average user in your field. Your application must be thorough and contain disclosure that meets USPTO guidelines.

Searching for relevant patents

Before drafting your patent application, you must first conduct a patent search. The purpose of this process is to identify prior “art” pertaining to the invention. This knowledge will help you craft your patent application. Start your search with the current patents for software and expand to the expired, rejected, and pending patents. You should also include any commercial products that use your invention, as many software companies market their products without patent rights.

Before you begin your search, make sure you understand how the USPTO classification system works. There are numerous fields and classifications within the USPTO. Spend some time becoming familiar with these classification systems and advanced search techniques so that you can narrow your search down to relevant references. Once you know how to navigate the system, you’re ready to move on to the next step: drafting your software patent application.

If you have already created a prototype or have some ideas for a new product, you can use the USPTO public search facility to find existing and issued patents related to your invention. You can also contact the Patent and Trademark Resource Centers in your area for help. These centers often have trained staff who can assist you in your search. You can also use the Electronic Official Gazette to browse patent filings from most major patent-filing countries. You can also browse patents issued under the Patent Cooperation Treaty.

It’s essential to research relevant patents before filing your software patent application. Professional patent searchers use this information to identify similar software and technology. They know the patent classification better than inventors and patent attorneys, so they’re more knowledgeable about it. Also, they can help you navigate the patent filing process by guiding you through the patent language. Lastly, they can provide you with the necessary documentation to submit your software patent application.

Inventive step

As a start-up company, you may be wondering if you have the required Inventive Step to get a software patent. This is the main criterion for deciding whether your idea is new or an obvious improvement. Patents are not just given out to anyone – they are meant to reward exceptional ideas and inspire creativity. Inventive Step is a critical criterion to judge whether your idea is novel or unique, and must represent a significant advance over existing ideas.

In order for your software to be patented, it must solve a technical problem or produce some other effect. Any technical effect or problem the software solves must be sufficient to warrant patent protection. It cannot be a purely functional feature that does not solve a technical problem. In this case, a software patent is more likely to be granted than one that is not. To be eligible for a software patent, your invention must perform a technical task or solve a technical problem.

In the European Patent Law, an invention must involve a step that was not obvious to the person skilled in the art when the invention was created. This step is not a simple process, but a significant technical or economic advance that makes the invention novel and not immediately obvious to a person of ordinary skill in the art. Despite the many requirements of this criterion, it is vital to get a software patent that addresses the issues described in this article.

Inventive Step: The process to prove that a software is new involves the construction of a hypothetical addressee. This addressee must not be the applicant, but a hypothetical person with the same technical skills as the applicant must be invented. An Inventive step may be as small as a single new step in a process that relates to a general field of technology. However, even the smallest step of novelty can be enough to support the patentability of the software.


In the United States, the granting of a software patent based on non-existence of the invention is a complex process. There is a dividing line between what is considered to be “inventive” and what is “obvious.” Fortunately, the U.S. patent system allows applicants to introduce non-obvious facts after the filing of an application. Here are some of the steps necessary to win a patent based on non-obviousness:

First, the invention must not be obvious to someone in the field in which it is used. An example of an obvious product is an ordinary process that can be implemented by anyone with an average amount of knowledge. A product that is new and unexpected is non-obvious because it is an extension of a known product. A mobile app’s uniqueness may be based on its use of digital tools and its collection of data in novel ways.

In US patent law, the term “non-obvious” is one of the most crucial elements in patentability. It is an essential requirement to ensure that a patentable invention is not obvious to a person of ordinary skill in the field. A prior art document can be trivial if it contains motivation or a reasonable expectation of the claimed invention. But it must also explicitly teach the claimed invention.

Once an applicant has developed their invention, they should determine whether it is obvious to a third party. The process of establishing non-obviousness is difficult because it requires an inventor to consider the complexities of the invention. A software patent is often issued by a court based on how obvious it is to others in the field. In addition to ensuring legal clarity, a software patent may also help to protect the innovations of a software company.