10 Tips to Get a Patent for Your Software and Technology


10 Tips to Get a Patent for Your Software and Technology  

Software and technology are among the hardest elements to patent when it comes to protection of intellectual property. When targeting a patent for your software and technology, it is important to be responsible in checking the values and pointers that will enable you get the patent seamlessly. The valuable tips to target include:

Define invention

Before you are issued with a patent for software or technology, you have to be in a position to define the invention. Defining the invention is a process that encompasses a clear review of what the software does and the functionality that people can get from the same invention. With technology, defining the invention is a product of being able to master all operational elements that make the product unique and creatively different from the rest of the inventions already in the market.

Understand the area between Code written and desired functionality

With software, the patentable element is normally the creativity exhibited between the desired functionality and the written code. Patentable technology also subscribes to the same requirements whereby a code is focused on as a means to achieve the functionality that enables people to enjoy a particular service or operational efficiency.

Internalizing the Machine-or-Transformation test

The greatest roadblock to getting a patent for software or technology is trying to prove it has the tangible functionality that defines the creative approach taken. The best way to get a patent is therefore to internalize the Machine-or-Transformation test which is what is used to effectively understand what the software is all about. Getting a professional to perform a Machine-or-Transformation before applying for a patent is the best approach to ensure you are able to get the patent with minimal hassle.

Target a provisional patent

Patents that cover software are usually tricky in the sense that people always try to exploit the grey areas. The best thing about patents that cover software is the fact that they can be captured in the creative stage which is when the concept is being structured. In this, filing a provisional patent is always a great factor to capture since it always ensures the intellectual property is protected from the point of inception to when it materializes.

Do not rely on Code

A major point to note when applying for a software or technology patent is the fact that the Code used to structure the creation is only a set of directions which enable a computer to decipher what is supposed to happen. Basing the application of a patent on the Code is therefore a wrong approach that can significantly hamper the chances of a patent being awarded for software or technology.

Satisfy Extra-Solution Activity

Any patent application that is geared towards protecting technology or software must be able to satisfy the Extra-Solution Activity measure which is prescribed by many patent issuing authorities. The key to covering this angle is finding a competent professional who can evaluate and analyze the software or technology in terms of how it agrees with the Extra-Solution Activity setting as this will save time and finances when it comes to the filing of the patent application.

A patent if powerful than copyright

If there is one thing that must be understood and internalized when protecting Intellectual Property with software or technology is the fact that a patent is more effective and powerful than a copyright. A copyright only protects the Code that is used to write and structure the software. Depending on a copyright is risky since a person may use different Code to achieve a similar creation and not be in breach of the copyright law.

Hire a software patent attorney

The goal of any patent application is to protect the Intellectual Property and it can only be accomplished when it is successful. To ensure the application is successful and streamlined, it is fundamental that any applicant targets a patent attorney that is proficient in handling applications that seek to cover software and technology. This is because it will surely place the application at an advanced setting of complete understanding and detail manifestation that will save both time and finances.

Perform functionality test

The most important aspect to monitor just before applying for a patent for software is to check the functionality and this is done by performing a functionality test which always reveals the extent of creativity and unique input that the software has. The same works for technology where a determination has to be made as to the functionality of the technology before the patent is issued.

Ensure patent directs and dictates evidence of possession of invention

The reason for many patent applications failing is the lack of conviction when it comes to proving the possession of invention. The application of the patent must clearly evidence the possession of an invention for it to be successful.