Patenting Software - costs and recommendations?

[The_Saint]

What is the name of your state (only U.S. law)? AZ

I'm in the process of having an application written to help me in my business. The programmer is selling me the software and all the rights that go with it. I think its going to be an excellent application and was thinking about patenting it.

I thought i would ask here to see if anyone recommends a company or method to do this, and if anyoen had an idea as to the approximate cost from start to finish.

[divgradcurl]

Originally Posted by The_Saint

What is the name of your state (only U.S. law)? AZ

I'm in the process of having an application written to help me in my business. The programmer is selling me the software and all the rights that go with it. I think its going to be an excellent application and was thinking about patenting it.

I thought i would ask here to see if anyone recommends a company or method to do this, and if anyoen had an idea as to the approximate cost from start to finish.

You cannot patent any potential inventions in the application yourself -- only an inventor is entitled to a patent. You could have the inventor file for the invention with you as the assignee, but you will need to have the inventor involved.

As for the actual patent process and costs, contact a patent attorney or patent agent for a consulation. You can find a registered attorney or agent in your area here: [url]https://oedci.uspto.gov/OEDCI/[/url]

[The_Saint]

Is it possible to actually patent the software, or do you patent the concept?

I believe someone had patented the "buy-it-now" concept that ebay uses on its site.

is that accurate?

[The_Saint]

You also said in this thread that the patent would belong to the company, not the inventor:

[url]http://forum.freeadvice.com/patents-104/time-company-decide-claim-employee-ip-448898.html[/url]

The software i am wanted to patent is being written by someone i hired to create it. i came up with the idea, and hired someone to write the code. Does that change anything?

[divgradcurl]

Originally Posted by The_Saint

Is it possible to actually patent the software, or do you patent the concept?

I believe someone had patented the "buy-it-now" concept that ebay uses on its site.

is that accurate?

You can patent -- for now at least -- inventive material in the software. You do not patent the software as a whole, only those parts of the software -- if any -- that are inventive.

Otherwise, software is generally protected via copyright.

[divgradcurl]

Originally Posted by The_Saint

You also said in this thread that the patent would belong to the company, not the inventor:

[url]http://forum.freeadvice.com/patents-104/time-company-decide-claim-employee-ip-448898.html[/url]

The software i am wanted to patent is being written by someone i hired to create it. i came up with the idea, and hired someone to write the code. Does that change anything?

That post was a different issue. If the person writing the code is an employee of the company (an employee as defined by your particular state's employment laws), then anything the employee comes up with in the scope of his or her employment belongs to his or her employer.

This is not the case when you hire an independent contractor, or a consultant. The ownership does not automatically transfer in such a case -- although you stated that you would be purchasing all rights in your earlier post.

You may both be inventors, the writer may be the inventor, you may be the inventor. It depends on what exactly the invention is, and who contributed what. Inventorship is important, so you will want to discuss this in detail with a patent agent or attorney.

[raymond45]

Originally Posted by divgradcurl

You cannot patent any potential inventions in the application yourself -- only an inventor is entitled to a patent. You could have the inventor file for the invention with you as the assignee, but you will need to have the inventor involved.

As for the actual patent process and costs, contact a patent attorney or patent agent for a consulation. You can find a registered attorney or agent in your area here: [url]https://oedci.uspto.gov/OEDCI/[/url]

Yes it is true. Patent is the protection of the implementation of an idea; so you can protect a thing, the artistic design of a thing, a human-designed plant, or a process. For more details visit wcauk.com

[The_Saint]

Thank you all for your help