< Return to Video

How to Patent Software

  • 0:01 - 0:02
    (Brad Fach)
    Good morning, in this video,
  • 0:02 - 0:05
    we're going to go over
    how to patent software.
  • 0:08 - 0:12
    You should learn what exactly are
    software patents, and how are they different
  • 0:12 - 0:16
    from other types of patents,
    and how to actually go about
  • 0:16 - 0:18
    filing your software patent application.
  • 0:19 - 0:20
    And if you stick around and
  • 0:20 - 0:23
    watch the video 'til the end, I
    will show you exactly where you can
  • 0:23 - 0:26
    download a free template
    and free information to get started
  • 0:26 - 0:29
    writing your own
    software patent application.
  • 0:30 - 0:35
    My name is Brad Fach.
    I've been filing patent application for over 11 years.
  • 0:35 - 0:39
    I'm a registered patent agent with the US
    Patent and Trademark office.
  • 0:39 - 0:44
    I've filed over 500 different
    patent applications in a variety of areas
  • 0:44 - 0:47
    including many
    software patent applications.
  • 0:47 - 0:49
    And I'm a certified licensing
    professional.
  • 0:51 - 0:55
    So before we jump in to software patents,
    let's talk a little bit
  • 0:55 - 0:58
    about the different types of patents
    you can choose from when you have
  • 0:58 - 0:59
    a new invention.
  • 0:59 - 1:02
    If your new invention was
    a new type of plant,
  • 1:02 - 1:04
    you would file a plant patent.
  • 1:04 - 1:08
    If your new invention was a new design,
    like a new Coke bottle design,
  • 1:08 - 1:10
    you would file a design patent.
  • 1:11 - 1:14
    What we're going to be talking
    about here for software patents,
  • 1:14 - 1:16
    are called utility patents.
  • 1:16 - 1:21
    Which means there--uh, there's something
    that has a unique and usefulness to them,
  • 1:21 - 1:24
    and so there's different types
    of utility patents applications.
  • 1:24 - 1:30
    There's a provisional patent application,
    a non-provisional, continuation, CIP, and divisional.
  • 1:30 - 1:33
    And that's just a few of them.
    If you want to learn more
  • 1:33 - 1:35
    about the different types
    of patent applications, uh..you can
  • 1:35 - 1:38
    visit PatentFile.org.
  • 1:39 - 1:42
    So, software patents,
    or software patent applications,
  • 1:42 - 1:45
    are a type of utility patent applications.
  • 1:46 - 1:50
    Now, utility patent applications
    are either compositions of matter,
  • 1:50 - 1:53
    so, these are things like widgets
    or tools.
  • 1:53 - 1:56
    the traditional things you think of,
    when you think of a new patent
  • 1:56 - 1:58
    or a new invention.
  • 1:58 - 2:00
    But they can also include
    things like methods.
  • 2:01 - 2:05
    So, in the past um--say
    a new chemical process,
  • 2:05 - 2:08
    um, or new biotechnology process,
    those would all be protected
  • 2:08 - 2:10
    as method patents.
  • 2:10 - 2:14
    And that's been--ya know, around for
    100 or so years here in the United States.
  • 2:15 - 2:20
    Recently, within the past few decades,
    people have been able to get patents
  • 2:20 - 2:24
    on methods performed by software.
    And so, that's where the term
  • 2:24 - 2:27
    "software patents" come from.
  • 2:27 - 2:31
    They're basically any methods
    that are performed by a computer.
  • 2:32 - 2:35
    And so, software can be protected
    two different ways.
  • 2:36 - 2:40
    The software code is actually protected
    under copyright.
  • 2:40 - 2:43
    So, that's really easy to protect
    your software code by copyright.
  • 2:44 - 2:47
    But if your software code is more than
    just code, you know...
  • 2:47 - 2:50
    it's more than just a website,
    or more than just a blog...
  • 2:50 - 2:53
    if it's actually a really
    neat piece of software,
  • 2:53 - 2:56
    that can perform a new and useful
    method or function,
  • 2:56 - 3:00
    then that would also fall under
    the patentable category.
  • 3:00 - 3:07
    You could actually protect it
    by a copyright and by a software patent.
  • 3:08 - 3:10
    You should know that it is
    getting harder and harder
  • 3:10 - 3:13
    to get software patents allowed.
  • 3:13 - 3:16
    You know 10 or 15 years ago,
    you could probably get a really broad
  • 3:16 - 3:21
    software patent allowed on...say a method
    of purchasing an item online,
  • 3:21 - 3:23
    and adding it to a shopping cart.
  • 3:23 - 3:28
    Um now-a-days it's very hard
    to get those type of broad, softer patents
  • 3:28 - 3:32
    And rightfully so, I think a lot of people
    abuse the software patent system.
  • 3:33 - 3:35
    So, who uses software patents?
  • 3:35 - 3:39
    All the big technology companies do.
  • 3:39 - 3:43
    It's probably one of the most valuable
    type of patents you could have,
  • 3:43 - 3:44
    at least now-a-days.
  • 3:48 - 3:51
    It's important to know the best time when
    to file your software patents.
  • Not Synced
    A lot of developers don't realize this,
    but if you publish your software online,
  • Not Synced
    you make it
  • Not Synced
    available for sale, um you could actually
    block yourself from getting a patent if
  • Not Synced
    you don't already have your patent filed
    first. So I always tell people you should
  • Not Synced
    really try to get your patent filed first.
    At least a provisional patent application
  • Not Synced
    Its very cheap and easy to do. Do that
    before you launch your product or launch
  • Not Synced
    your software, because you might lose
    your patent rights, if you don't follow it
  • Not Synced
    in that order. Now in the United States we
    get this twelve month grace period.
  • Not Synced
    Which means if you want patent protection
    in the United States and you did launch
  • Not Synced
    software first, that's okay you have
    twelve months from the date your software
  • Not Synced
    first went public to get your patent
    filed. And so this is a typical timeline
  • Not Synced
    if you have your idea, you should do a
    kinda of basic patent search. Make sure no
  • Not Synced
    one else is doing what you think is
    novel.
  • Not Synced
    Um, go to your prototype or your alpha or
    your beta version of your software, then
  • Not Synced
    file your provisional patent before you
    show anyone or have it available to the
  • Not Synced
    public. Um, once your provisional patent
    is filed, then you can do your alpha or
  • Not Synced
    beta launch or or soft launch to see how
    well your software is doing. Maybe find
  • Not Synced
    some customers, find some investors, um
    build up some buzz about your software
  • Not Synced
    product. Then file your non-provisional
    patent. That has to be filed within a year
  • Not Synced
    from the date you filed your provisional
    patent. And that's kinda the real patent
  • Not Synced
    that goes through the patent process and
    ultimately issued with a patent number.
  • Not Synced
    And your patent will expire twenty years
    from the date you filed it.
  • Not Synced
    So there's only two ways that you can
    apply for a software patent, or anything
  • Not Synced
    patent for that matter, in the United
    States.
  • Not Synced
    Uh you could hire a registered patent
    agent or patent attorney to write it for
  • Not Synced
    you. Um, on the cheaper end, that's going
    to be about a $1,000. Uh we've paid all
  • Not Synced
    the way up to $40,000 at the university
    where I work, uh for a very complicated
  • Not Synced
    software patent. Um, the second option is
    to do it yourself. Um, as the inventor you
  • Not Synced
    could write or file your own patent
    application yourself. And I'll show you
  • Not Synced
    how to do that in video two, which is
    coming up next. Um, if you do want to
  • Not Synced
    download a software patent template or see
    what different examples of software
  • Not Synced
    patents look like, you could go to our
    website PatentFile.org/software
Title:
How to Patent Software
Description:

more » « less
Video Language:
English
Duration:
06:33

English subtitles

Incomplete

Revisions