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A patent is issued to grant property rights to an inventor or group of inventors by the U.S. Patent Office. The rights granted for a new patent are for a term of 20 years from the date the application was filed in the Patent Office. The federal guidelines on how to patent software are strictly enforced.

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Steps

  1. Patent Software Step 1.jpg
    1
    Search for original or pending patents that match your invention before submitting a patent application. What seems like a new invention could currently exist. The Patent Office provides a search site (http://www.uspto.gov/patents/process/search/) to aid in locating existing patents.
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  2. Patent Software Step 2.jpg
    2
    Use one of methods below to perform your search for an existing patent.
    • Full-Text and Image Database - Gives detailed information with pictures and other images of the item. The database is user friendly.
    • Patent Application Information Retrieval - Provides a method of retrieving and downloading information securely regarding public and private patent application status. Restrictions are applied to this type of patent information retrieval.
    • Public Search Facility - The Patent and Trademark Office allows patrons to visit its offices in Alexandria, VA to search for patents using online, microfilm and printed copy search methods.
    • Patent and Trademark Depository Libraries - Catalogs local patents and offers training on search methods.
    • Patent Gazette - Allows review of the patents issued within the past 7 days.
    • International Patent Search - Gives access to international patent offices.
    • Published Sequences - Provides tables and listings of patents.
    • Patent Assignment Database - Database gives history of patent ownership.
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    3
    File for a patent under the correct U.S. Patent Office classification or type designed for inventions. The Patent Office has three filing classifications. The categories are utility, design and plant. Utility is used for software.
    • Utility - Granted to an inventor who invents or discovers any new, useful or improved process for use as a machine, manufacture use or matter composition.
    • Design - A patent that protects the inventor from unauthorized use of manufactured designs that are new and original.
    • Plant - The patent protects new, invented or discovered asexually reproduced plants.
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    4
    Prepare to submit the patent application. An inventor may submit a provisional or non-provisional patent application. The application can be submitted online or by mail.
    • The non-provisional process starts the patent process and ends by approving or denying the application.
    • The provisional application creates a filing date for the applicant, but does not involve the examination review process.
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    5
    Pay all applicable application fees. Applications are rejected and eliminated from the review process if the proper fees are not received. The basic utility filing fee starts at $330.
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  • Research and review all items related to the application process before submitting the application. Refunds are not given.

Related wikiHows

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Categories: Intellectual Property

In other languages:

Español: Cómo patentar programas de computadora, Русский: запатентовать программное обеспечение

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