Have you developed a new software you can share with the world?
Before you take your next steps, you should seek the support of an experienced software patent attorney.
This article will explore what software patents protect and whether you must search for a “software patent attorney near me.”
Schedule a free consultation today.
What does a software patent protect?
A software patent is a type of intellectual property protection that gives the patent holder exclusive rights to use, make, sell, and distribute the software.
It’s designed to protect the specific functions and processes the software executes rather than just the code itself.
As with other types of patents, software must satisfy the following criteria:
- Novelty: Not previously known or used by others in the public domain.
- Non-obviousness: Must not be an obvious development to someone with technical skills in the software industry.
- Utility: Must perform a useful function or solve a specific problem in a field of technology.
Software patents are a tricky area of intellectual property law for the following reasons:
- It can be difficult to distinguish between an “abstract idea,” which cannot be patented, and a practical application of that idea, which can be patented.
- The software must demonstrate a “technical effect” to be patentable.
- Technology evolves at such a rapid pace that the software could be obsolete by the time the patent is granted.
- Different countries have different standards for software patents.
- Pinpointing the scope of software patent claims is difficult due to its nature.
Due to its complex nature, hiring a skilled software patent attorney is important for helping companies and innovators secure the appropriate protection.
What qualifies for a software patent?
Software includes various digital programs, applications, and systems that perform specific tasks on computers and other devices.
The software “umbrella” includes:
- System software, including operating systems
- Application software like word processors or web browsers
- Development software, including programming languages
- Database management systems
- Security software
- Firmware
- Video games
- Mobile applications
In addition to the required “technical effect,” which solves a technical problem with a technical solution, software claims must clearly define the boundaries of the invention and how it operates.
Abstract ideas, mathematical, and business methods generally do not qualify for patent protection.
How does a software patent attorney help companies?
Software patent attorneys play a crucial role in helping businesses and innovators secure the proper scope of protection for their intellectual property.
First and foremost, they can help their clients identify whether their software is patentable.
Other key services include:
- Drafting and filing patent applications
- Corresponding with patent offices
- Representing their clients in legal disputes
- Negotiating settlements and licensing agreements
- Managing a company’s intellectual property portfolio
- Ensuring compliance with patent laws
Software patent attorneys have the technical background to structure detailed, thorough applications that protect your innovations.
How do I find a software patent attorney near me?
There’s no need to search for a “software patent attorney near me.”
Patent law requires a highly specialized background, especially in technical fields such as software.
Instead of searching for a local attorney, search for an attorney with experience in the specific area of technology and patent law you require.
Work with Stanzione & Associates, PLLC
The skilled patent attorneys at Stanzione & Associates, PLLC, have served clients ranging from Fortune 500 companies to startups and independent inventors for decades.
Start here to experience our tailored solutions for your intellectual property.
