Patent Software

Copyrighting and patenting of software protect several other IP (Intellectual Property) aspects. Copyright protection is only valid for expressions and is not liable to ideas, procedures or computing methods. Whereas patents cover ideas, procedures, and other operational methods. However, a  patent software price and enforcement may be higher, depending on the complexity of the patent’s demands. Patents Software is applicable according to country or region.

The following steps will help in patent protection:

1. The subject matter should be in the patent category.
2. The change or innovation should be in the nature of the industrial application.
3. The patentable idea must be new and should not be something that already exists. The difference between the existing item and innovation is crucial and important for consideration.
4. The declaration of the innovation must meet the formal patent standards.

Some points to consider for a patent software are as follows:

  1. A  patent software may require the shielding of abstract ideas that must have some commercial value. The boundaries used to define an abstract idea are not defined well and varies according to region and law.
    2. Giving authorization to patenting software may lead to decrease in innovation in the fast-growing world. As there may be dependencies and interdependencies for various other software and discourage the same. Determining that these are easy, even for application/software developers or designers.
    3. Patentable and non-patentable software’s do not have a globally identified or recognized separation.
    4. There may be a legal and technical complication in understanding the software innovation and technical requirements.

Patent Software a Frustrating Process

  1. All business are spread worldwide, but patent rules change around the world.

There are no patents which are globally accepted. There is a minimum of five major international jurisdictions, and the security you receive in each is based on meeting the distinctive required rules and on whether that jurisdiction has any significant or meaningful enforcement mechanism.

  1. The patent application process and approval process is very expensive and slow.

The cost to file a patent is nearly Rs. 45,000 to 65,000 in India. This is presuming that you have hired an agent professional for patent research, writing and for filing a patent application for your invention. Patent drafting and filing in India is about Rs. 30,000.

  1. Patent office’s do not keep up with software technology.

It is not possible for any patent jurisdiction to keep staff up to speed and qualify for proving a significant innovation in a rapidly changing technology. Whereas insignificant innovations are not obvious. The standard patent duration is 20 years, which is far too long in the software world.

  1. The patent application process has become a legal negotiation.

The reason why lawyers get huge fees for patent filing is that legal negotiation and strategy have become more significant than the technical merit. Patent lawyers know how to structure claims widely, with legal wordings, to arrange the success of some at the expense of others.

  1. Patents may become a commodity for buying and selling.

Some companies such as patent trolls buy or license the software patents. It helps to make a portfolio that the company can sell to the highest bidder. Rather than the security and protection, this is seen as a tax on innovation.

  1. Patents are counter to open source innovations and free software.

The free and fast-growing open source software organization which covers most of the mobile and internet apps. It retaliates to software patents as obstructing or stopping the circulation or production of free software. By definition, patents set boundaries to the rate of commercialization and variety for new innovations.

  1. All patents require public disclosure.

Providing education to the public by informing them of an unknown or non-obvious software creation. However, it can be negative for an entrepreneur creator who needs more time and money to capitalize on a competitive advantage. also, to those who want to make benefit from licensing or selling the patent.

  1. Different from hardware, copyright already covers software.

Copyright is an intellectual property protection which already, automatically and immediately provides to the creator without the need to register the copyright with a government. The patent, on the other hand, can only protect expression. It can edit substantially to hide theft without changing the main function.

Maximum protection for the intellectual property should always wish by the entrepreneurs to increase their competitive advantage and increase their valuation to investors.

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