Can we get a patent for our software?

質問

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?

回答: 2 公開 & 1 非公開

Steven weinrieb
弁理士

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.

59c4cca8ef
弁理士

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.

最近の質問

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6114 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3962 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4320 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

発明や知的財産について質問はありますか?
既存の質問を検索するか、専門家ディレクトリで専門家に直接お問い合わせ下さい。
(このページでは、新規の公開質問は受け付けておりません。)