Software Patents

[bob82]

What is the name of your state? CA

I am a principal in a small software company and hopefully we will be getting some VC funding. The VC's want to check our IP so I started doing some research myself and was amazed at some of the absurd broad patents issued in the last 6 years. The way I read some of these patents we could be accused of infringing.

As I reviewed some recent software patents they are very extensive and describe an entire process (150 claims) rather than a specific function. In order to protect ourselves from not infringing on another companies patent I believe we need to submit a patent for the entire process. While traditionally a patent protected an inventor from copying, this extensive type of patent would not because it’s easy for someone to change parts of the process and we would have no case against them. It seems getting some type of patent in this day in the software industry is a part of the cost of doing business.

Is this a reasonable strategy?

 

[divgradcurl]

Is this a reasonable strategy?

Is what a reasonable strategy? Getting patents -- of course, if you have created something patentable this is a good idea.

I guess I don't completely understand what your questions are -- maybe if you came back with more specific questions, someone would be able to give you a better answer.

 

[bob82]

SOftware Patent-specific ques

Many software patents have been given on broad pieces of technology that address broad capabilities. If you use a variation on that capabilitiy in an extensive software process would it be a reasonable strategy to apply for a patent on the overall new process? I have seen some patent applications do this. Does anyone know if this is common?

 

[BelizeBreeze]

You're talking in circles. Take your idea and all relevant documentation to a patent attorney with whom you can lay out the exact idea/process/software you want to patent.

As long as you keep talking like this no responsible party will venture an opinion.

 

[J. Michael]

"In order to protect ourselves from not infringing on another companies patent..."

Most countries other than the U.S. grant patents to the first to file.

The U.S. will give a patent to a later filer who proves he was the first inventor.

United States Patent and Trademark Office