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Author Topic: Software Patent doubts  (Read 696 times)

anitak

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Software Patent doubts
« on: 03-27-09 at 10:41 pm »

Dear Sir,

I have some doubs that need to be addressed urgently as I have to file PCT application in a few days. My doubts are:


Would it be okay if I add separate 'article of manufacture' claims (an article of maufacture implementing the series of steps e.g. a computer running the claimed method) at the end of the claims in a software method claims (comprising a series of steps) for a software patent?

Is it advisable to write software method claims in the form of 'a computer based method' or 'computer based system' since a general purpose computer becomes a special purpose computer when programmed to perform a particular function pursuant to instructions from the program software.

How to highlight the inventive step in claims?

How can I protect the inventive step of my invention in method claims so that my invention can't be copied even by adopting a different method.

Thanks and regards,
AK
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JimIvey

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Re: Software Patent doubts
« Reply #1 on: 04-05-09 at 04:12 pm »

Dear Sir,

I have some doubs that need to be addressed urgently as I have to file PCT application in a few days. My doubts are:


Would it be okay if I add separate 'article of manufacture' claims (an article of maufacture implementing the series of steps e.g. a computer running the claimed method) at the end of the claims in a software method claims (comprising a series of steps) for a software patent?

Sure.

Is it advisable to write software method claims in the form of 'a computer based method' or 'computer based system' since a general purpose computer becomes a special purpose computer when programmed to perform a particular function pursuant to instructions from the program software.

It depends.  If it really requires a computer, it does no harm.  If it could be performed without a computer and would still be considered eligible subject matter, it's best to leave it out and just recite "a method".

How to highlight the inventive step in claims?

No need (at least in the US).  Other ISA/IPEAs will complain, but so what?

How can I protect the inventive step of my invention in method claims so that my invention can't be copied even by adopting a different method.

Uh, by writing good claims.  Not sure how else to answer that question.

Regards.
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James D. Ivey
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