Ash Tankha, US patent attorney, works with inventors to develop their ideas into patent application for worldwide filing and patenting. Contact Ash Tankha atash@ipprocurement.com or visit www.ipprocurement.com.
A definition of software patent is hard and one may not find the definition on any patent office website. Software embodied in a physical computer readable medium and aiding an innovative process or machine is considered patentable. In order to obtain a software patent, the patent application has to subtly claim the software as employing or performing certain function or process and as embodied in a computer readable medium.
Software patents have a very recent history as the first software patent granted was in 1981, in the legal case of Diamond v. Diehr. The claimed invention is a heat treatment of rubber, wherein software code is employed to compute the optimum time duration for the treatment. In another case of State Street Bank & Trust v. Signature Financial Group, a software business method was granted a patent in the year 1998, redefining software patentability. Software patentability has been a topic of debate world over. The first question an inventor, who wishes to patent his invention, asks is “Is software patentable”. The short answer is that the US patent office does grant software patents, and there has been a surge in software patenting in the US.
A classification of software patents is virtually nonexistent, although a majority of recent patents are software patents based on the above criteria and about 1400 patents are purely on computational software. Major companies like IBM, AT&T, Siemens, HP and Microsoft boast of an extensive software patent portfolio. IBM possesses 31,995 US patents, HP possesses 21,000 patents worldwide as on 2003, Microsoft possesses 5000 US patents and Siemens possesses more than 10,000 issued and pending US patents. Microsoft and Siemens have a cross-licensing agreement to enable increased access to each others patent portfolios. In the USPTO database there are about 25123 claimed software patents and about 284978 granted patents that disclose the use of software in their inventions.
Software patents will surge a rise in software innovation and also enhance the quality of software protection. Cross-licensing agreements support even higher level of innovation and interaction in the software industry. Software patents not only protect marketing rights for a company but also their intellectual property, thereby providing a driving and inspiring force for the programmers.
Don’t even get started anyone on the advantages of software products in day to day life. Software products range from operating systems, encryption software, web development, virtual reality, gaming software to customized software solutions for other sectors like medical, banking, aviation, military, etc; software has been the savior for many industries. Without software, humans may not have envisioned such advancement in technology and consequently the quality of life.
- Related Videos
- Related Articles
- Ask / Related Q&A
- A Soft Introduction to Software Patents
- The Scramble for Software Patents
- Finding and Choosing a Patent Lawyer
- California Patent Lawyer Discusses Patent Laws
- Patenting of Software- an Insight
- Patent Law
- How To Copyright And Patent Your Software
- Los Angeles Copyright, Patent Attorney Referral 661-310-7999
Steps to Conduct a Patent Search
By: John Mathew | 10/11/2009A patent refers to the right granted to an inventor for discovering any new machine, useful process or a manufacturing item.
Can I really sell my idea?
By: Russell Williams | 06/11/2009Yes; however, it is important to understand what you need to have in place to increase your odds of success. As you move your idea through the invention and patent process, your odds of success increase as your idea becomes more tangible and real.
Company Incorporation -The Procedure for Incorporating A Company in India
By: chaman | 28/10/2009Company incorporation is the act of making an official application to Companies House to create a company, which is well known the process of formation or process of incorporation. Full company name, the officers of the company and the principal address of the company on the register of companies held at Companies House are required to formalize the formation of a company.
Will Riches Come From Your Invention Submission
By: Oli Osorhan | 27/10/2009Overcome the barriers of making money from your revolutionary idea. The 4 barriers that stand in your way of obtaining a patent and selling it.
What is the difference between an idea and an invention and how do I properly document my idea?
By: Russell Williams | 26/10/2009The dictionary defines an invention as “a device, contrivance or process originated after study and experiment.” An idea is defined as “a formulated thought or opinion.”
What do I need to think about first in taking my idea to market?
By: Russell Williams | 21/10/2009Many inventors believe that they need to spend tens of thousands of dollars developing and manufacturing their ideas on their own to succeed, which is why you read so many stories about inventors who spent their life savings chasing an invention. While manufacturing is one option for certain inventors, it is not the most common option and certainly not the least risky.
Supreme Court of India adjudicates on dichotomy introduced for the first time by the Patents (Amendment) Act, 2005, in the Patent Law
By: Sudhir Kumar | 20/10/2009Supreme Court of India in its civil appellate jurisdiction adjudicated on a Patent dispute titled J. Mitra & Co. Pvt. Ltd. versus Asst. Controller of Patents & Design. & Ors.The Supreme Court granted the leave and directed the High Court to adjudicate the matter in interest of justice for only two appeals of such kind were pending in the High Courts. The special circumstances arises because of dichotomy introduced for the first time by the Patents (Amendment) Act, 2005
How to get a Patent
By: NoroIP | 19/10/2009A quick guide to the patent process. Includes important terms. While fairly straightforward, the technical terms and legal aspects of filing a patent application can be confusing. I’ve attempted to outline the patent process step-by-step and include simple explanations of patent terminology you will encounter along the way. It should be noted that getting a Trademark or Copyright follows a very different process.
Future of Patents in the Realm of Open Source Discussions
By: Ash Tankha | 07/05/2009 | PatentsThere have been several discussions propagating open source software and its benefits, and in this fashion, downplaying software patents and its necessity. Using this theory as a foundation, many promote the hypothesis of an open source market or free economy.This sort of discussion has questioned the need for a patenting system in such an economy.
Growing Trend of Trademark Registration
By: Ash Tankha | 07/05/2009 | TrademarksWhy individuals and businesses are increasingly opting for a trademark ? Trademarks bestow two main rights on the owner - the right to register the mark and the right to use the mark. The party that registers the mark first or uses the mark in commerce first has the right to use of that mark. However, the U.S.PTO's authority is limited to only marks that have been registered.
When to Protect an Innovative Idea
By: Ash Tankha | 08/06/2007 | Intellectual PropertyI have thought through and worked out the innovative concept in my mind. Can I patent it at this stage?” The inventor is typically in a dilemma as to when he/she should proceed to start the patenting process.
Patenting System - a Historic Perspective
By: Ash Tankha | 07/06/2007 | PatentsNews items flooding from our daily information sources on patents, company law suits, intellectual property rights, and the like would make one believe that the system of patenting is quite young. On the contrary, history of patenting dates back to more than five hundred years.
Seeing the Same. But Different..
By: Ash Tankha | 07/06/2007 | TechnologyVincent Lombardi, the great American football coach, once said, “Winning is a habit.” Inventing, too, can be made into a habit. Thomas Edison, for example, filed hundreds of patents and during one phase of his life was filing a patent application every week. Inventors seem to have the ability to recognize dissimilarity in similarity, contrast in analogies, and novelty in familiarity.
Electronics and Semiconductor Patents - an Evolution Scenario
By: Ash Tankha | 07/06/2007 | PatentsIn recent years, there has been an extensive boost in technological concepts related to electronics and electrical domain. Electronics and semiconductor engineering is one of the largest and fastest growing industries. This growth has entailed a wide range of patent filing, all through.
A Soft Introduction to Software Patents
By: Ash Tankha | 07/06/2007 | PatentsA definition of software patent is hard and one may not find the definition on any patent office website. Software patents have a very recent history as the first software patent granted was in 1981.