Software is more difficult to patent than other forms of technology.
A patent is a legal device that prevents someone else from benefiting from technology you created without first obtaining your permission. The duration of a patent is 20 years, and it is normally not renewable. A patent application can take years to process, and may take even longer if you seek international protection. After your patent expires, your invention will be available for anyone to use.
Patent Protection
Patent law grants the holder a legal monopoly on the beneficial use of inventions or aspects of inventions that are novel, useful and non-obvious. A simple explanation of these legal terms is that the invention must never have been invented before, must serve a practical rather than abstract purpose, and must represent an inventive leap beyond current technology.
Prior Art
The term "prior art" refers to previous technology that is similar to or identical to the technology for which a patent is sought, regardless of whether or not such technology is patented. Identical technology will invalidate a patent application, while similar technology will invalidate the application only if it is so similar that the invention cannot be considered "non-obvious." You can conduct a prior art search by examining previous patent applications using the PatentScope search engine on the website of the World Intellectual Property Organization.
Application Process
To apply for a patent, first perform a prior art search to make sure your invention is unique, then put together your patent application. You must create legal claims that establish that your invention possesses novelty, utility and non-obviousness. You must also provide detailed specifications and drawings that reveal the technology underlying your invention, and pay a variable filing fee of several hundred dollars. Expect several requests for clarification and amendment of your patent application from the U.S. Patent and Trademark Office (USPTO) over the year or two following your filing. Your specifications and drawings will be published by the USPTO before your patent is granted. If granted, protection will apply all the way back to your original application filing date.
The Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) streamlines the international patent application process. First, file your patent application with the USPTO. Then file a PCT application with the official PCT receiving office in your country (the USPTO is the receiving office in the United States), and name the countries where you expect to file future patent applications. The PCT will perform the preliminary stages of the patent examination process, after which time you must submit separate applications to individual national patent offices. You may use your USPTO application filing date as your official filing date in all nations.
