The benefits of filing a Patent application can be numerous. To begin with, filing a Patent application eventually leads to Patent registration which would provide ownership over the invention for a period of 20 years. Being the owner of the Patent, you have rights to block others from making, using, selling or offering for sale, and importing the patented invention.
Software Patent
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The software codes are subject to protection under the copyright. However, given the recent recognition of computer relation inventions by the Indian patent office, the software may be patented if it has an industrial application.
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Introduction
Software Patent
A software patent is a property right that protects computer programs or any performance of a computer from computer programs. A software patent is considered a type of utility patent with no true legal definition. Software patents are a topic of controversy both in the United states and around the world.
A software patent differs from a software copyright. Both protect the product, but a copyright only covers the expression of an idea. For example, it might cover only the exact written code of a software program. Software patents and software copyrights are both a part of intellectual property law.
According to US law, software (sometimes legally called computer implemented processes) is a patentable item. However, like any other invention, the software must meet certain criteria.
Rules for Software Patent Registration in India
- Mathematical or business method or a computer programme per se or algorithms.
- Literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.
- Mere scheme or rule or method of performing mental act or method of playing game.
- Presentation of information.opography of integrated circuits;
- Topography of integrated circuits.
Benefits
What are the advantages?
Reduced legal fees
A patent management tool synched with the U.S. Patent and Trademark Office (USPTO) can provide automatic status updates that outside counsel would otherwise bill you for. When powerful data science provides the information to track your case,
Patent vetting
Any process by which you're vetting and selecting ideas to draft and file requires input and collaboration from stakeholders familiar with the technical benefits, budget considerations and strategic vision.
Greater patent prosecution efficiency
the process by which you obtain a patent — entails drafting, filing and negotiating issuance with the patent office. The likelihood of successfully prosecuting a case often depends on the allowance rate of the examiner assigned to the case.
Multiple innovation dashboards
Zeroing in on the precise data you need helps you stay on top of your patent pipeline as well as make timely and informed decisions.
Process
Software Patent In Easy Steps
Patentibility of a Computer Program or Software
New Invention
Only a new or novel invention can be granted a patent, the test of novelty is non-publication or disclosure of the patent except to the Patent Office.
Inventive Steps
To make a software patentable the inventor have to establish that the computer programme is made out of inventive steps and is non-obvious.
Industrial Applicability
The patent specification be drafted carefully to disclose a practical application and industrial use for the claimed invention.
Economic Benefit
The general condition for patentability is the commercial benefits out of the Invention. The claims of Invention must indicate effective value.
Document Checklist
Documents required to Software
Digital Signature of the Applicant
Authorisation to the patent attorney
The patent questionnaire
A signed copy of Patent Specification
Drawings and Flowcharts if any
Claims of the Patent
Faq
Frequently Asked Questions (FAQ)
Before talking about what a Patent is, let’s talk about something else first. You’re someone who builds great things and want to become a millionaire. But alas, that dream could never materialise because you didn’t know of a (not so) tiny thing called Patents and someone else stole your Idea. All this can be avoided by getting a Patent Registration for your Idea.
As the name suggests, a Provisional Patent Application is a temporary Patent Application filed in the Patent Office. The Provisional Patent Applications are advised to be filed to secure an early filing/priority date. The logic behind this is that the Patent Law gives the right to the person who files first and not to who invents first. Therefore, the Provisional Patent Applications help in acquiring the crucial patent filing date without much hassle.
A Complete Patent Application is one, which is accompanied by the Complete Specification and has claims that provide scope of the invention for getting complete legal protection. Complete Patent Application is a techno-legal document which contains all the requisite technical, functional and structural details of the invention.
Patents are territorially limited in nature i.e., if a Patent is granted or registered in India then the inventor’s rights would be protected within the boundaries of India and not beyond. This limitation can be counter-productive for the inventor, start-up or company who would be eager to maximize their profits and recoup the sunk costs spent in research and development of the products.
With the increase in usage of smartphones, mobile applications have grown to become big business. It is not unknown that mobile applications are part of the software and related technology, so naturally, the question of patenting them can pop up. A simple answer to the question would be yes, as mobile applications are nothing but innovations in the field of software, given they fulfil the criteria prescribed by the law.
The territorial nature of the Patent limits the scope of applicability of such rights in countries other than the one granting it. The solution to this problem, is going for international Patent filing for Patent registration and one mode of doing so is filing a convention Patent application which allows an individual to make international Patent filings in the countries which are party to the Paris Convention (Convention Countries) based on a prior Patent filing made in any of those convention countries (known as the basic application).
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