about patent

[sukhiray]

how do one gets patent for a new application VI developed by himself?

[LAVA 1.0 Content]

QUOTE (sukhiray @ Jul 17 2008, 03:15 PM)

how do one gets patent for a new application VI developed by himself?

why do you need a patent?

[Aristos Queue]

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.

[JiMM]

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.

[Daklu]

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.

[Aristos Queue]

QUOTE (JiMM @ Jul 17 2008, 10:05 AM)

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

I'm accounting for the US Patent Office's occasional willingness to allow a patent on mind-boggling grounds.

[Val Brown]

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.

[GraemeJ]

QUOTE (Aristos Queue @ Jul 18 2008, 04:18 AM)

I'm accounting for the US Patent Office's occasional willingness to allow a patent on mind-boggling grounds.

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

GraemeJ

[crelf]

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