Basics of patent drafting · Business Idea | Patent · Business News · how to patent a product · Importance of Patents · Indian Patents · IP attorneys · patent attorney in india · Patent Expert · Patent Filling · patent research · Patent Search · patentability · prior art

Software Patentability

Prior Art

Prior art is any evidence that your invention is already known. Prior art does not need to exist physically or be commercially available. It is enough that someone, somewhere, sometime previously has described or shown or made something that contains a use of technology that is very similar to your invention.

A prehistoric cave painting can be prior art. A piece of technology that is centuries old can be prior art. A previously described idea that cannot possibly work can be prior art. Anything can be prior art.

Prior Art Patent Search for Software Patentability

Conducting a patentability search of the prior art available in the public domain is advisable before filing the software patent application. The software patent strategy includes the steps of reviewing non-patent literature documents like journal, newspaper articles,  magazine articles, books, conference materials, brochures, and research reports.

The online patent database (collection of granted patents and pending published patent applications available in public domain by the patent office) of USPTO, WIPO, EPO and the like should be searched to determine novelty of your software innovation. This can be done either by looking for keywords in the abstract text, specification, patent title, patent claims and by the International patent classification numbers, USPC and CPC assigned to each patent by the patent examiner.

Patentability Search Results / Patentability Opinion

The patentability search results of the invention will provide detailed insight to the inventor about how broadly one can claim the invention. Moreover, the patent language used by other patent attorneys to claim a similar invention provides a rough roadmap to describe your own software innovation.

Advantage of Patentability Search   

The main advantage of patentability search from the viewpoint of developing a strong patent claim strategy is that the identified close prior art patent claims should be avoided. Particularly, the patent claims should be written in a manner to avoid the prior art.

Examples of Prior Art

What types of disclosures could be considered as “prior art?” Any publication such as a brochure, a magazine article, a published patent or patent application, advertising, a web page, a college thesis, or instructions that accompany a product may be considered a prior art disclosure depending on the circumstances. The text of the publication may be in any language. The disclosure can be no language at all, just pictures. The publication can be located in any country of the world.

What types of events could be considered as “prior art?” A public showing of a product, a public or private offer for sale, a sale of a product, prior invention by another, a prior filed patent application, public use or commercial use of a product, or public knowledge of the invention are all examples of events that could be considered “prior art” depending on the circumstances.

International Corporate Lawyers and Patent Attorneys 
Strong expertise in resolving business and personal disputes via mediation, negotiation and out of court settlements
Managing full practice law firm in Delhi and Gurgaon with team of legal experts – Civil and Criminal, Cyber Law Issues, Digital Business Disputes, Social Media Defamation, Personal, Property and Matrimonial Problems, Contracts and Agreements
Technology Savvy Advocates, Patent Attorneys & Corporate Lawyers with 11+ years of experience in Asia Pacific, US & Europe 
Experts in Litigation, Patent Protection, Licensing & Enforcement, Cross-border Mergers & Acquisitions, Joint Ventures, Foreign Direct Investment & Tech Transactions in South East Asia covering consulting for global patent Attorneys in executing:
Patent drafting & filing for B2C & B2B digital products
Protection of Mobile App’s Intellectual Property via Patents, Copyrights, Website Terms & Vendor Contracts
Wearable device’s patent portfolio protecting hardware, dashboard, app & data analytics software
Medical device patentability analysis, prior art search, provisional & complete patent drafting, patent claims & patent drawings, patent filing in India, PCT, USPTO & EPO, responding to USPTO, UKIPO, MyIPO (Malaysia) & SIPO (Singapore) office actions
Patent Landscape & Patentability Studies for innovations in Artificial Intelligence (AI & Chat bots), Internet of Things (IoT), Wearables, Driverless Cars, Virtual & Augmented Reality, 3D Printing, Drones, Mobile Payments (Digital Wallet) & FinTech 
Assisting Clients with Complex Patent Issues: Patent Searches, Patent Drafting, Patent Filing, Patent Office Examinations, Patent Prosecution, Patent Due Diligence & Patent Litigation Strategy
Patent Strategy for International Patents, USPTO Filings, Drafting Office Action Response, Patent Reexaminations & Reissue Proceedings, Appeals to PTAB, Patent Office Trials, Inter Partes Review, Post-grant Review, Covered Business Method Patents, Interferences, Derivations & Appeals of PTAB Trial Decisions
European Patent Practice, Patent Oppositions, Appeals, EPO Third Party Observations, Central Limitation and Revocation, Supplementary Protection Certificates (SPC) & United Kingdom (UK) Patent Practice Advisory
Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement


Software Patent FAQs:

How to Patent an Idea

General Patent FAQs: