Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Matthew Aidekman]

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

[matthew aidekman]

please note that to email me directly you must alter the posted email address.  this is to avoid spam

[Isaac]

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.

[puuukeey]

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!!!!!

[JimIvey]

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.  ;-)

Regards.

[puuukeey]

now I've read people get angry about me patenting software.  should I be wary about who I'm hurting or screw them?  or if its novel enough (which it is) it wont hurt anyone?

[JimIvey]

Well, one thing I've learned over the years is that just about everything you do will really annoy someone somewhere.  If you don't want to annoy anyone, don't do anything.  Wait, that will annoy someone too.

Sorry, you can't win.

There's nothing wrong with patenting software.  You can always get a patent and then choose not to enforce it.  However, we've all seen that's not enough to appease the EFF, Greg Aharonian, and the whole anti-software-patent crowd.

If you're curious about the political ramifications, visit web sites of the EFF, Greg Aharonian, etc. (just Google or Yahoo! those people/organizations and/or "software patents").  

But, when you're done there, talk to someone who actually knows something about patents.  Make sure the people you ask (in this phase II) know something about patent law and have actually read a patent, including the claims.  It will be an interesting contrast to those perspectives you might have seen in phase I above.

This is a good place to find people who actually know something about patents.  You can ask your "They say ... , is that true?" questions here.

Lastly, and this is kind of important, the question as to whether software patents should exist and the question as to whether a particular business venture should have patents on their software are entirely different questions.  Don't confuse the two.

Regards.