Question
We are developing software for aerial drone surveying & mapping. Our finished product is a great improvement on existing technology especially in agricultural GIS. My question is, could we potentially get a patent on the underlying technology? What's the best way to make sure a competitor won't immediately launch a similar product before we have properly started marketing it?
Answers: 2 public & 1 private
You can potentially obtain a patent for the software, although the USPTO has been very strict in allowing software applications. The defining line between allowability and rejection of your patent application will probably reside in whether or not your software actually does more than a human can do, and/or "creates an end result" that could not otherwise be derived by ordinary mathematical computations or equations. One Group Art Unit within the USPTO, which handles many software applications, only has a 7% allowance rate which is extremely low, so you will have your work cut out for you - it will be an uphill battle.
It's certainly possible. However, recent case law is drastically narrowing what is allowable subject matter under the patent statute, especially for software patents. As such, you'll need to work closely with your patent attorney to determine if it is even worth going forward with a patent application or if another option may be better suited to your needs. And, yes, there are other means for protecting your ideas.
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