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Is it Patentable?
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   concept for software
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Matthew Aidekman
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concept for software
« on: Jun 1st, 2005, 6:39pm »
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Hello all.  I'm new and totally lost.
 
I have a concept for a piece of software.  While its pretty academic in nature, I could see someone making money off it and I'd hate to get screwed.   so I'd like to protect myself.  
 
I have written a partly function mockup of it which is extremely slow and would never be considered the end implementation.  if someone to write a compiled version of it, it would be fine.  (for geeks, its a OS gui written in Max/MSP/Jitter)
 
I have a document which documents every aspect of its operation. (which is well within the capability of current personal computers) but due to the fact that I have written the mockup in an extremely backwards manner, I can not site any programming techniques in my description since they would never be used in a real world implementation.
 
I'm pretty sure I cant copywrite it since its just an elaborate concept
 
is there some sort of consultant I can see about this?  
what amount of detail is needed in a software patent application?
is it patentable?
 
thanks for your time
-matt
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matthew aidekman
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Re: concept for software
« Reply #1 on: Jun 1st, 2005, 6:41pm »
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please note that to email me directly you must alter the posted email address.  this is to avoid spam
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Isaac
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Posts: 3472
Re: concept for software
« Reply #2 on: Jun 1st, 2005, 7:24pm »
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You have a description and an implementation, so almost certainly
you have enough concrete detail to apply for a patent.  The
question is whether your invention is novel and non obvious.
 
Many software inventions are described in patents via flow charts
and written explanations detailing the functionality.  If
someone can use that description to write code implementing your
invention, then the detail is sufficient.
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Isaac
puuukeey
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Posts: 2
Re: concept for software
« Reply #3 on: Jun 1st, 2005, 9:59pm »
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that is such good news you've made me want to lock the doors and do nude cartwheels.
 
I'm fairly certain its non obvious.  its not like "improved menu bar" its more like  "heres a description of an entirely new concept in computing."
 
I LOVE YOU!!!!!
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JimIvey
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  jamesdivey  
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Posts: 2584
Re: concept for software
« Reply #4 on: Jun 2nd, 2005, 5:45pm »
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Just to second Mr. Clark's answer:  what you describe is the type of thing that can be patented.  If your description is clear enough that an ordinary programmer can make and use the thing described in your claims (your invention) and your description includes your preferred implementation, that's enough.  It all comes down to novelty and non-obviousness (well, and putting it all together properly which is up to you and any practitioner you might have help you).
 
Now, I want to lock my doors, too, but for a different reason.  Wink
 
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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