How to Patent Your Software
- 1). Consult with a patent agent or patent attorney to determine software patent eligibility. The USPTO recommends inventors use a patent agent or attorney to assist with patent eligibility and application. This is especially important as the recent federal court In Re Bilski decision has altered software patent eligibility requirements.
- 2). Conduct a “prior art” search to determine software originality. The prior art search requires you or your patent attorney to comb through academic journals, technical journals and prior patents in an effort to uncover any products related to your invention. If other published materials mention your software or its process, the USPTO will not grant a patent.
- 3). Compile a utility patent application. Utility patent applications contain several parts including: the utility patent application transmittal form, application data sheet, invention specification, intellectual property claims, drawings (likely not necessary with software patents) and an executed oath or declaration.
- 4). Submit the utility patent application to the USPTO. Utilize the electronic submission procedures of the USPTO or mail your patent application to:
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450 - 5). Pay any associated patent filing, search and examination fees. As of June 2010, utility patent filing fees for new patents ranged from $165 to $330, search fees from $270 to $540 and examination fees from $110 to $220.
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