Guide to Software Patenting
Strong patent claim drafting skills can make the difference for a grant of software patent application by the patent examiner. However, writing a patent specification for information technology domain, software business app or mobile applications, cloud computing or IoT (Internet of Things), and subsequently drafting the required patent claims are highly technical in nature.
As a patent drafter, the real skill is to write about all the different sections of a patent application in detail and at the same time it has to be precise, as these have to be in accordance with proper formats specified by the respective patent office. Specifically, writing patent claims is most important part of patent drafting process.
Most important sections in a software patent application:
- Patent claims (independent patent claims and dependent patent claims)
- Writing about one or more embodiments, and
- Flow diagram and/ flow chart providing details of the algorithm
Software program is not a tangible object and they may not be patentable under the definition that a new, useful, and non-obvious process or product is a patentable subject matter under 35 U.S.C. (United States Constitution) §101.
Therefore, the patent writer should be expert in patent application drafting techniques that include strong patent claims to define the boundary of the invention, details about one or more embodiments, and drawing sections of patent applications.
As discussed earlier, software program is not a tangible object and to make software programs patentable, inventors must propose and create a tangible product which contains the invented software program. For example, when an inventor puts his sensor program, which starts the car engine with one touch finger, into a general purpose computer, this computer is not merely “a general purpose computer” anymore. This is a sensor machine, making it a patentable product even though the sensor software program itself is not patentable.
- How are software patents granted in India?
- Does Indian patent law allow software patents?
- How to apply for software patent in India?
- How to patent a software in India?
- How to patent a mobile application in India?
- What are the examples of software patents in India?
- What is a Provisional Patent Application?
- What are advantages of Filing a Provisional Patent Application?
- How can Patent Search help in determining Patentability of Invention?
- What is the meaning of Patent Pending Status?