To patent protect your software technology, you must apply for and receive a patent. To do so, you must have invented software technology that meets the basic criteria for being a patentable invention: it must be new, useful and non-obvious. Normally, you will not be attempting to get a patent on a particular collection of software code--instead, you will be attempting to patent the new, useful and non-obvious thing the software does or the new, useful and non-obvious method or process by which the software accomplishes something.
Instructions
Patent Protect Your Software Technology
1. Start the patent protection process by doing a patent search on the U.S. Patent and Trademark Office Web site (see Resources below). You may wish to engage the services of a patent attorney if an initial search indicates that your software invention is indeed new. The patent attorney should conduct a more thorough search of what's known as "prior art" (that is, patents that have already been issued).
2. Talk with your attorney or patent agent about the specific requirements for getting software technology patented. The law in this area is evolving as more and more software patents are issued.
3. Document your software invention. You will need documentation (including a thorough description and a statement of what the software does that is new) in order to obtain a patent--an idea without documentation is not sufficient to qualify for a patent. Be meticulous, and have trusted witnesses sign and date your notes. Merely mailing oneself one's notes is no longer considered a smart way to protect one's work.
4. Talk with your attorney (and/or your business partners if applicable) about the desirable breadth of the patent. A patent that makes narrow claims about what it does may not be sufficient to protect you against competitors. A patent that makes overly broad claims may be ruled invalid.
5. Follow up by filing the patent application. You will need to work closely with your patent attorney or agent during this process.
