Re: Patent for my Software

Subject: Re: Re: Patent for my Software

Comments:
: : I've developed a software and I didn't patent it. If somebody copy my idea and patent it, what can I do. : It depends. If you can show that you publicly used or sold your software before they independently invented the software, your software is effectively "prior art" and they would be foolish to sue you. : If they didn't invent the same features you did but instead copied it directly from your software, their patents would be invalid under Section 102(f) -- because they didn't file the application in the name of the true inventors. Again, they would be foolish to sue you. : If they didn't copy your software but instead developed the same idea(s) independently and you didn't use or describe your innovative features prior to their independent invention, you could be in trouble. : If you haven't shown your software or used it publicly, you can still get a patent (I'm assuming your software is novel and non-obvious in view of publicly known software). If you developed the software within the past year (or it's been less than a year since the first public use/disclosure), you might be able to get a patent in the U.S. (same assumptions vis-a-vis novelty and non-obviousness). : There's also copyright protection for software. Cheap to get; not so cheap to enforce. You might pose your question to the copyright forum. : That's just a few scenarios. I hope that gives you some sense of the situation you described. : Regards.

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