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Patent Preparation- The Way Ahead In Securing Software Patents by Jenny Jag
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Patent Preparation- The Way Ahead In Securing Software Patents by JENNY JAG
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| Article Posted: 11/23/2011 |
| Article Views: 50 |
| Articles Written: 1121 - MORE ARTICLES FROM THIS AUTHOR |
| Word Count: 426 |
| Article Votes: 0 |
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Patent Preparation- The Way Ahead In Securing Software Patents |
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Law
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With the astounding growth that IT sector has witnessed over the past decades, software market has rapidly become a vast and expanding market. In addition to this, software is the key which distinguishes and adds value to other products ranging from automobiles to videos. Therefore software patents have also grown in importance as they prevent competitors from taking advantage of one’s software intentions. But patenting software isn’t a cake walk as many software innovators are unclear about the process of patenting software. Patenting software requires a great deal of patent preparation. Patent preparation is a process which makes sure that the request for the patent isn’t rejected. Patent preparation usually begins by the patent research process. A research helps to determine if the subject matter of the invention is worthy enough to get patented. The research process involves looking for similar inventions which deal with similar software inventions. Once it is asserted that the given software is genuine in content, the decision of applying for a patent is taken. After the inventors are satisfied that the claims and drawings accurately capture the invention, a patent preparation specialist drafts the application. The application is drafted keeping in mind the multiple technical obstacles which can come in the way while getting the patent. The period for the review of this patent application is a 1-3year long gap which requires patience. The examiner of the application usually begins with a number of restriction requirements but if the patent is efficiently prepared, then we can find a number of effective ways to deal with these restriction requirements. Quite often, the patent application gets rejected for the first time as the examiner rejects all or most of the claims because of prior art that is found in the examiner’s own research. The assertion usually given for this rejection is that your invention is not novel or was obvious. The experts related with patent preparation analyze these rejections, and determine which of the arguments are valid. After a discussion on the further strategy with the examiner and a good deal of persuasion, patent experts then file a formal response based on this strategy which the examiner considers again. Patent preparation is long process as sometimes the number of iterations is required before finding the right combination of language and scopes to both protect your invention and have the claims of your patent application allowed by the examiner. Although it is a long procedure but given the value attached with patent software, it is worth a pain!
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