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How Software Patent Attorneys Protect Digital Innovations

Posted by Barry Choobin | Jan 18, 2024 | 0 Comments

Software patent attorneys follow a comprehensive process to protect digital innovations. Typically, software patent attorneys deal with a variety of digital inventions, including intelligence, data analytics, business methods, file system protections, and more. In fact, IP protection services for computing inventions include mobile apps, cloud solutions, SaaS products, AI tools, and more. Professional attorneys work with coding teams throughout the development phase and preserve necessary IP rights – increasing the commercial value of a digital invention. As a software engineer looking to secure IP protection on code, algorithms, or technology, hire an experienced patent attorney for end-to-end USPTO filing. In addition to patents, these lawyers also provide assistance on copyrights, trademarks, and licensing agreements for your invention too. Read on to learn how software patent attorneys protect digital innovations.

Determine Software Patentability

First, experienced software patent attorneys evaluate the patentability of a digital invention. A software is eligible for patent protection if it provides technological improvements over existing systems, algorithms, and applications. Top-rated patent attorney New York work with your engineering, coding, and marketing teams to evaluate the patentability of your digital invention. Plus, your attorney determines the specific features eligible for patent protection. In some cases, software inventions may not completely meet the latest USPTO patent eligibility criteria and only qualify as abstract ideas. For inventions with lower patentability, patent attorneys may recommend other IP protection methods – including trademarks, copyrights, trade secrets, and more.  Hire a software patent attorney during the development phase to determine the patentability of your digital invention. 

Perform A Patent Search In Digital Domain

Next, software patent attorneys perform comprehensive prior art search in the respective digital domain. Protecting a digital invention requires the technology to be unique, non-obvious, and novel. Experienced software IP agents utilize the patent search to look for similar inventions. Digital inventions are often rapid too. Your attorney will search through USPTO databases to evaluate similar digital products with patent protection. During prior-art search, attorneys also look for software applications with patent pending status. The patent search may not cover confidential applications that are within the 18-month period. If similar inventions exist, the attorney may determine unique aspects of your invention that are eligible for other patent claims and USPTO approval. Indeed, hire a top-rated software patent attorney to perform a patent art search for your digital invention.

Prepare Patent Documents For Filing

After the patent search is completed, software patent attorneys prepare the necessary documents to protect digital innovations. To receive USPTO approval, software patent applications must contain detailed documents that highlight novel and non-obviousness of your invention. Typically, these documents include written descriptions, relevant drawings, and suitable patent claims. Patent attorneys write compelling descriptions – along with all important details. For technologies like Blockchain, neural networks, and machine learning, your lawyer may also include algorithmic and hardware details in the description. Plus, the lawyer may also review accompanying drawings to validate the scope of broader patent claims. This detailed documentation from an experienced lawyer will most likely speed up the approval time with USPTO. Indeed, contact a professional software patent attorney to prepare the comprehensive documents required to protect your digital innovation. 

File Software Patent With USPTO

Once documents are ready, software patent attorneys file the application with USPTO. Before filing a utility patent application, top-rated attorneys include all vital details in your application to avoid future amendments. Filing a utility patent for software may cost you anywhere between $2,800 to $20,000 – primarily depending on product type and complexity. Once filed, the attorney will track the application status with the USPTO office and assist with post-issuance proceedings. In case of rejection, your lawyer may also help respond to the patent examiner with a detailed analysis of each claim rejection. If your product is not ready for utility filing, the lawyer may file a provisional application. This type of patent protection secures an early filing date – while giving you 12 months to prepare for a non-provisional patent application. Indeed, software patent attorneys provide a seamless USPTO filing for different digital inventions.

Provide Full-Scale Software Protection

Software patent attorneys specialize in full-scale protection for digital inventions. Even after patent approval, your competitors may still repurpose the code to create pirated copies. Experienced patent lawyers apply for copyrights to prevent unauthorized distribution of your software code. Plus, these attorneys strictly enforce these copyrights – preventing others from reverse engineering or stealing the code. When someone steals the software idea, you can also seek litigation assistance from the attorney. In case of third-party agreements, your lawyer can also prepare comprehensive licensing contracts – highlighting the software's legal ownership. Absolutely, hire professional software patent attorneys for full-scale protection of your digital invention. 

Explore how software patent attorneys protect digital innovations. Software is eligible for patent protection if it provides technological improvements over existing systems, algorithms, and applications. Your attorney will perform a USPTO patent search advanced to evaluate similar digital products with patent protection. After that, software patent attorneys prepare the necessary documents to protect digital innovations. Before filing for a utility patent, top-rated attorneys include all vital details in your application to avoid future amendments. Even after patent approval, your competitors may still repurpose the code to create pirated copies. Experienced patent lawyers apply for copyrights to prevent unauthorized distribution of your software code. Follow the above guide to learn how software patent attorneys protect digital innovations.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...

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