Can You Patent Software?
In the United States, at least, yes, you can. A few measures have to be met in order for the software to be qualified for patenting, but the protection under law is there. This brief overview is unlikely to cover much of what you will need to know, but it will give you a general idea. From here, it’s a matter of doing more research or contacting someone with professional experience in this area to guide you through it.
Your first step, of course, is to conduct a patent search to see if someone else got to your idea before you did. Though you can do a general, free search yourself, consult a professional once you decide you are serious about going through the patent process.
In order for your software to qualify for patenting, it must be unique–or, in other words, something that is not obvious or already available in various forms. It also must be tied to a machine–a computer, smart phone, tablet, etc. It must be visible and usable, as opposed to a mental process.
Take the Long, Objective View
Before you begin your patent search or the patent process, take a step back from your invention. Get others on board (preferably professionals) who can bring new eyes to your software and who may, in the process, discover even more unique properties. Look at your invention from the inventor’s view, a designer’s view, an engineer’s view and an end-user’s view. Dig deep and wide to discover any hidden aspects, especially if you can then patent those unique aspects under your name.
Get in Close
Once you’ve done an overhead view, it’s time to move in closer, as mentioned above. Perhaps, at this point, if you don’t have patent professionals working for you, you can encourage your crew to simply record everything about your software. This will come in handy later for closing up loopholes.
The patent process can be a little long, and a little expensive, so the more you prepare, the better off you will be. With changes and innovations in software happening frequently, it’s important to get your invention patented as soon as possible.
