How to Patent Software

(Brad Fach)
Good morning, in this video,

we're going to go over
how to patent software.

You should learn what exactly are
software patents, and how are they different

from other types of patents,
and how to actually go about

filing your software patent application.

And if you stick around and

watch the video 'til the end, I
will show you exactly where you can

download a free template
and free information to get started

writing your own
software patent application.

My name is Brad Fach.
I've been filing patent application for over 11 years.

I'm a registered patent agent with the US
Patent and Trademark office.

I've filed over 500 different
patent applications in a variety of areas

including many
software patent applications.

And I'm a certified licensing
professional.

So before we jump in to software patents,
let's talk a little bit

about the different types of patents
you can choose from when you have

a new invention.

If your new invention was
a new type of plant,

you would file a plant patent.

If your new invention was a new design,
like a new Coke bottle design,

you would file a design patent.

What we're going to be talking
about here for software patents,

are called utility patents.

Which means there--uh, there's something
that has a unique and usefulness to them,

and so there's different types
of utility patents applications.

There's a provisional patent application,
a non-provisional, continuation, CIP, and divisional.

And that's just a few of them.
If you want to learn more

about the different types
of patent applications, uh..you can

visit PatentFile.org.

So, software patents,
or software patent applications,

are a type of utility patent applications.

Now, utility patent applications
are either compositions of matter,

so, these are things like widgets
or tools.

the traditional things you think of,
when you think of a new patent

or a new invention.

But they can also include
things like methods.

So, in the past um--say
a new chemical process,

um, or new biotechnology process,
those would all be protected

as method patents.

And that's been--ya know, around for
100 or so years here in the United States.

Recently, within the past few decades,
people have been able to get patents

on methods performed by software.
And so, that's where the term

"software patents" come from.

They're basically any methods
that are performed by a computer.

And so, software can be protected
two different ways.

The software code is actually protected
under copyright.

So, that's really easy to protect
your software code by copyright.

But if your software code is more than
just code, you know...

it's more than just a website,
or more than just a blog...

if it's actually a really
neat piece of software,

that can perform a new and useful
method or function,

then that would also fall under
the patentable category.

You could actually protect it
by a copyright and by a software patent.

You should know that it is
getting harder and harder

to get software patents allowed.

You know 10 or 15 years ago,
you could probably get a really broad

software patent allowed on...say a method
of purchasing an item online,

and adding it to a shopping cart.

Um now-a-days it's very hard
to get those type of broad, softer patents

And rightfully so, I think a lot of people
abuse the software patent system.

So, who uses software patents?

All the big technology companies do.

It's probably one of the most valuable
type of patents you could have,

at least now-a-days.

It's important to know the best time when
to file your software patents.

A lot of developers don't realize this,
but if you publish your software online,

you make it

available for sale, um you could actually
block yourself from getting a patent if

you don't already have your patent filed
first. So I always tell people you should

really try to get your patent filed first.
At least a provisional patent application

Its very cheap and easy to do. Do that
before you launch your product or launch

your software, because you might lose
your patent rights, if you don't follow it

in that order. Now in the United States we
get this twelve month grace period.

Which means if you want patent protection
in the United States and you did launch

software first, that's okay you have
twelve months from the date your software

first went public to get your patent
filed. And so this is a typical timeline

if you have your idea, you should do a
kinda of basic patent search. Make sure no

one else is doing what you think is
novel.

Um, go to your prototype or your alpha or
your beta version of your software, then

file your provisional patent before you
show anyone or have it available to the

public. Um, once your provisional patent
is filed, then you can do your alpha or

beta launch or or soft launch to see how
well your software is doing. Maybe find

some customers, find some investors, um
build up some buzz about your software

product. Then file your non-provisional
patent. That has to be filed within a year

from the date you filed your provisional
patent. And that's kinda the real patent

that goes through the patent process and
ultimately issued with a patent number.

And your patent will expire twenty years
from the date you filed it.

So there's only two ways that you can
apply for a software patent, or anything

patent for that matter, in the United
States.

Uh you could hire a registered patent
agent or patent attorney to write it for

you. Um, on the cheaper end, that's going
to be about a $1,000. Uh we've paid all

the way up to $40,000 at the university
where I work, uh for a very complicated

software patent. Um, the second option is
to do it yourself. Um, as the inventor you

could write or file your own patent
application yourself. And I'll show you

how to do that in video two, which is
coming up next. Um, if you do want to

download a software patent template or see
what different examples of software

patents look like, you could go to our
website PatentFile.org/software