Jump to content

about patent


Recommended Posts

QUOTE (sukhiray @ Jul 17 2008, 08:15 AM)

how do one gets patent for a new application VI developed by himself?
You find a patent lawyer to walk you through the patent application process. Patent applications typically cost quite a bit to research and file (you have to provide reasonable search of all the existing patents to assert that your idea really is new and unique). You should research copyright, trade secret, and trademark to decide if one of those is a better way to protect your software. Copyright and trade secret are both free to implement (although you can pay a nominal fee to formally register a copyright if you want that extra bit of protection). Trademark requires registration but is much cheaper than patent.

90% of software cannot be patented because it is simply an implementation of algorithms that already exist -- even if it is a new way of combining those algorithms, most of the combinations are "obvious derivations". That's why copyright is the tool of choice among most software developers for defending software.

Link to comment

QUOTE (Aristos Queue @ Jul 17 2008, 10:59 AM)

90% of software cannot be patented because it is simply an implementation of algorithms that already exist -- even if it is a new way of combining those algorithms, most of the combinations are "obvious derivations".

Kind of like trying to patent a book. And 90% is a large understatement.

Link to comment

As mentioned above, patents typically aren't suitable for software. But here's a bit more information on patents...

I worked for a patent/trademark laywer about 15 years ago. At that time the patent process started at ~$5000; more if any difficulties were encountered during the filing process. If I recall correctly to maintain your patent you have to defend it, meaning you need to keep up to date with competing products and take them to court if need be. If you don't do it you lose the rights to your patent. Essentially you open your wallet to your lawyer for as long as you want to maintain your patent.

"You should research copyright, trade secret, and trademark to decide if one of those is a better way to protect your software."

I believe trademarks are only for logos, product names, brands, company names, etc. i.e General Mills can put "Cheerios" under trademark, but not the cereal itself.

Link to comment

QUOTE (Daklu @ Jul 17 2008, 11:17 AM)

As mentioned above, patents typically aren't suitable for software. But here's a bit more information on patents...

I worked for a patent/trademark laywer about 15 years ago. At that time the patent process started at ~$5000; more if any difficulties were encountered during the filing process. If I recall correctly to maintain your patent you have to defend it, meaning you need to keep up to date with competing products and take them to court if need be. If you don't do it you lose the rights to your patent. Essentially you open your wallet to your lawyer for as long as you want to maintain your patent.

"You should research copyright, trade secret, and trademark to decide if one of those is a better way to protect your software."

I believe trademarks are only for logos, product names, brands, company names, etc. i.e General Mills can put "Cheerios" under trademark, but not the cereal itself.

This is all correct, except the price has increased a bit in 15 years.

Link to comment

QUOTE (GraemeJ @ Jul 17 2008, 08:47 PM)

If memory serves correctly, about 12 months ago an Australian got a patent for the ....... wheel.

Yeah - but the real story was the New Zealander's praising him for advancements in science - they're a little behind the times over there :P

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Unfortunately, your content contains terms that we do not allow. Please edit your content to remove the highlighted words below.
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use.