Tell me more ×
Answers OnStartups is a question and answer site for entrepreneurs looking to start or run a new business. It's 100% free, no registration required.
up vote 4 down vote favorite
1

Greetings all,

Situation

In the realm of software, much of what we do can be found elsewhere in other developers' softwares. I am concerned because while my web app is unique and novel in certain ways, it is also similar in other ways to pre-existing apps out there.

Questions

  1. How does a developer determine if their software application is original enough to successfully obtain a software patent on it?

  2. If one's software application gets rejected by the patent office, can they just reapply again with a written letter of why their software application should be applicable to receive a patent?

  3. Can one just submit certain components (logical elements) of their software application to be considered to receive a patent?

  4. How can one be certain that the software they are designing/developing is not already infringing upon someone else's software patent?

Thanks,
:adam

share|improve this question

3 Answers

up vote 4 down vote accepted

I'm afraid your questions show that you have never looked into patents before. You're in for a huge shock.

First, let me give you the bottom line: to apply for a patent will cost you about $15,000 and take at least 3 years of legal battle.

Now to answer your questions:

  1. You don't patent an application in general. Within the app you wrote, you need to find and isolate what is unique and innovative. It must be an algorithm or some way of combining data to make something new and useful, and you should be expected to describe it with a few paragraphs at most [for those who know patents, I'm referring to the claims, not the description].

  2. Your patent application will be rejected the first time (at least, it's very likely, say 50/50 chance). Your lawyer will be able to battle the reasons for rejection. No, a simple letter will not do. Expect extremely complex legalese.

  3. See my answer to #1: you patent very specific pieces, not a whole application. If your app is very innovative, you can file as many patents as you want.

  4. To find out if someone else has already a patent covering your technologies, you can do a patent search. Google has a good searchable patent database. The titles of the patents tend to be very obscure, so don't expect this search to be like searching for a blog post...

You can read the more detailed viewpoint I published on VentureBeat recently regarding software patents.

Conclusion: even assuming you make it that far, the only thing a patent gives you is the right to sue other companies who copy your invention. That lawsuit itself will cost you a minimum of $250,000. Do you have that kind of resources?

If you are in the web space, just forget about patenting stuff. Focus your energy instead on getting users.

share|improve this answer
Thank you Alain. – wootah Jun 12 '10 at 13:28
up vote 1 down vote

The United States Patent and Trademark Office has a really informative web site that addresses a ton of patent questions and issues. I have found their offices, while all business, really helpful in picking up the telephone and answering any questions that I've had.

share|improve this answer
up vote 1 down vote

As you probably already know, there are two basic types of patents:

-Utility patent: for processes, machines, articles of manufacture or composition of matter. The invention has to be both novel and non-obvious.

-Design patent: protects the ornamental and appearance aspects of products, not their function.

In patent law, the person who comes up with an idea first may not benefit; rather, the person who takes action and files the patent application first wins the credit. Given this reality, you may also wish to file a provisional patent, which establishes your priority with a "date of invention." It's much faster and easier to file than a standard patent application, and allows you to legally announce to the world "patent pending" while providing 12 months to file the full patent application.

A provisional patent also allows you to tell people about the idea, seek funding for development, or take time to assess the invention's complete potential. You can decide if you want to spend the money on the full patent process, not to mention marketing and distribution.

Patents are set for a limited amount of time, so find out if the protection is worth the price. When writing the patent application, remember to set important limits on the protection while justifying the broadest allowable claims of the invention.

Ultimately, your best bet would be to consult an attorney for the best ways on how to patent ideas for the most protection possible.

share|improve this answer

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.