Can i patent a software idea [Must-Know Tips]

Last updated : Sept 17, 2022

How much does it cost to patent a software idea?

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.

Can you patent software design?

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.

Can I copyright a software idea?

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.

How can I get a patent with no money?

The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys. These practitioners volunteer their time without charging the inventor. However, the inventor still must pay all fees that are required by the USPTO; these cannot be paid by the practitioner.

Is it difficult to get a patent?

Since patents are legal articles, they can be somewhat difficult to obtain. Patent applications vary from country to country, depending on what you're trying to get a patent for.

Can you patent python code?

The function of your code would fall under the “utility patent” umbrella, which covers the actual use and utility of an invention. Since other companies are already performing similar functions, just getting there in a different way, your utility would not be unique and novel, and therefore cannot be patented.

How do you patent a software product?

To make a successful patent application for software, the key is to not focus on getting patent for the software. The focus of the application should be on getting patent for a product in which the software plays an essential part – making the software's patent protection a part of the patent of the product.

How long does a software patent last?

Patent protection for software lasts 20 years.

How do I protect a software idea?

1. Protect Your Software Idea via the Copyright.
2. Get a Software Patent.
3. Use Non-Disclosure Agreement.
4. Clarify Who Will Own the Code.
5. Protect Your Software Product with Trademarks.
6. Document Everything.
7. Check the People You're Working with.
8. Conclusion.

Should you patent or copyright software?

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.

Is software a copyright or patent?

The invention can be a process or a product with an inventive step. A program code on its own is not patentable, but a software using the code is patentable. Obtaining a patent for a software is more challenging than a copyright. A software is patentable if it has a “technical effect”.

What is a poor man's patent?

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

How do you sell an idea to a company without them stealing it?

You can sell an idea to a company without a patent. You need a way to stop them from stealing the idea from you. One way to do that without a patent is with a nondisclosure agreement, aka NDA. The NDA would limit the company's ability to use your idea without paying you for it.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

What are the 4 types of patents?

• Utility patent. This is what most people think of when they think about a patent.
• Provisional patent.
• Design patent.
• Plant patent.

What can and Cannot be patented?

• something that can be made or used (capable of industrial application)
• new.
• inventive – not just a modification to something that already exists.

How much does it cost to file a patent?

Need Help? A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

Are AI models patentable?

You cannot, for example, patent air, a novel mineral, or a plant. Several machine learning algorithms and artificial intelligence (AI) fail to gain patent protection because their invention is deemed by law to be an abstract idea.

Why is it difficult to apply patent laws to software?

Software is harder to visualise – there may be multiple technology layers in an implementation stack and many non-essential interoperating parts. This can often lead to poor patent specifications and misunderstandings. Also if a patent claim is too specific then it will be easy for a software developer to work around.

Can you patent the code for an app?

This is a common misconception. While the actual lines of code are not patentable, the functional aspects of software can be patentable. In fact, in 2020, 63% of patents issued in the United States were for software-related inventions.

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Thanks for your comment Billi Valle, have a nice day.
- Cecil Malamud, Staff Member

it's your phone look like this dude these little icons these apps on your phone how many do you have a couple dozen maybe more than that do you have an idea for one that could improve our lives maybe you've got one that just plain looks cool can you patent it [Applause] hello my name is JD governor registered USPTO patent attorney and Managing Partner here at bold patents law firm today I want to dive in to helping you better understand how to patent an app I want you to know that we have time stamps down below in this video for you to jump ahead to specific keywords that you're looking for you can hang in there with me I love free to stay with me for the full video and a supplement I've written a blog article to go into each of these subjects in more details so please go to bold IP com forward slash blog today to click on that blog article all right let's jump into the content here step number one software and enter ship and ownership this is key I usually work with inventors that are just starting out and one of the things I always flag initially is I ask hey what is your day job some of them are working on the project on the side moonlighting and it's a key part of making sure we have protections for that inventor to look at their employment contract making sure that their employer isn't going to own what they're inventing so before we get started and certain before we take their money I want to make sure we're clear about ownership secondly is it's almost always the case that people are working together when it comes to software there's so many moving parts whether its development user testing getting things off the ground you're usually working with more than one person so co-inventors need to be pulled in very early in the process so that we get as much about the invention upfront step 2 researching other apps and this is something I encourage my inventors to do before they start working with us and before we start moving too much further along we've got to make sure that they're convinced that what they're doing is new it's okay that's not new and right plenty of products have been successful in the market but that's the foundational principle to get a patent as it must be novel so take a look research other apps and prove to yourself that what you're doing is different step 3 you've got to find a software patent attorney someone that is educated not just in the law but understands new tech so a software patent attorney is one that's going to help walk you through the details of the specification the way that formatting is gonna work on the drawings user interfaces graphical user interfaces digital virtual reality interfaces cutting-edge right this is super important you have an attorney and only with the legal background but someone that has that software background in terms of Education and work with inventions that have been successfully patented step four software app invention disclosure this is one of those exciting parts about what I get to do is hear that the guts how the secret sauce right of how you're getting your invention to work it's actually hard believe it or not to get inventors to totally open up right even with patent attorneys we have to take sometimes one to two weeks to make sure we fully understand and the full scope and breadth of your invention so it's okay it's a natural process if we understand there's some hesitation there's even some issues where you're not sure how some things work that's okay that's part of the beauty of inventing is there's always ways to improve always ways to keep on developing step five is a professional software patent search you bet we're gonna start with building a foundation built on research and diligence our team is experts at searching worldwide so look at all previous patents that have been filed and any non patent literature which can include academic literature publications on Kickstarter social media you name it anything the examiners gonna find later we want to find it first filing a provisional or non provisional patent application for your out that's next if we've done the search and confirm it what you've got is new we're gonna recommend that you file either a provisional or non provisional patent application again please take a look at our blog I've got a wonderful explanation of the difference between the each of those I won't go into that detail here but I will say that getting that filing date is critical and for some of these technologies that are changing every four to five years we will probably recommend that you follow a non-provisional patent application first to make sure you get your rights as soon as possible last but not least filing the application with the USPTO this is the least glamorous process right but we're gonna work with you with our paralegals to get the application datasheet invention disclosure statement and all the right both and declaration documents put together so that your invention is filed properly the right way the first time I will leave you with this grab a copy of our book I've got a free digital download for you today if you go to bold IP comm 4 slash free this is we'll go through all the differences of patent law in general the differences between trademark copyright and trade secret I'm so glad you watched this video go big Doble you

Thanks formulkac your participation is very much appreciated
- Cecil Malamud

About the author

Cecil Malamud

I've studied indian religions at Bacone College in Muskogee and I am an expert in forensic pathology. I usually feel irate. My previous job was medical examiner/coroner I held this position for 26 years, I love talking about driving and photo: jakob owens. Huge fan of Amy Winehouse I practice rowing and collect cards.