Notice how the decisions can come down to how to describe your invention in the patent application. Moreover, the claims of the patent must be written in a way that does not preempt every application of the idea. This rule supersedes an earlier rule that permitted software patents to be issued if the patent merely recited some concrete or tangible components along with the software. The courts justify this rule change by arguing that mere recitation of concrete, tangible components is insufficient to confer patent eligibility to an otherwise abstract idea.
In one case DDR Holdings v. In effect, the software prevented a user from bouncing to a third-party website upon clicking an advertisement. Instead, the software enable a user to complete a transaction on a host webpage to purchase third-party merchandise despite clicking on a third-party advertisement.
Finally, the court believed that the patent claims were narrowly tailored to one specific solution. This last point makes founders or technical people scratch their heads. But it does not claim the abstract concept of retaining users who visit a webpage. It is very important that you have several discussions with your patent attorney on this point.
The line between preempting every application and narrowly claiming your invention is often invisible at the drafting stage. But this is where your patent attorney earns his or her fees. Identifying the right level of abstraction for your claims is critical. In another case, Bascom v. The underlying technology in that case dealt with software for filtering internet content based on permissions and other controls. But the patentees sought to patent a filtering tool that could be installed at a specific location that is remote from the end-user.
The court found methodology to be patentable because the solution was unconventional and because the claims were not overbroad. Specifically, Bascom did not claim every method for filtering web content. Much to the chagrin of developers and founders—the patentability question for software inventions often comes down to how the patent and the patent claims are written. You can improve your odds of getting a patent by describing the technical challenges in your field of invention, and specifically describing the engineering solutions that you have come up with to address those challenges.
CLS Bank. The Supreme Court decided that software for managing settlement risk did not qualify for a patent. It was labeled an abstract idea. In the Alice case, the court decided that a claim on the patent application focused on an abstract idea. This is notable because most patents have some sort of abstract idea in them, but in this incident, the claim was specifically directed at that idea. The court's decision involved a lot of legalese, but the end result had a vast impact on the world of software patent law.
The Alice case set a precedent. If a piece of software improves the way a computer or another device functions, it is more likely to qualify for a patent. This case, as well as the Bilski v Kappos case, contributed to the ever-changing guidance on what is patentable and what is not. Many patents were labeled invalid after the Alice case.
After software was first recognized as deserving of patents, the USPTO still didn't research as well as it should have when reviewing applications. This resulted in some patents being issued for inventions that did not truly deserve it. Many believe that software patents are a threat to innovation.
This is because new programs often rely on older, patented programs to work well. Patents can interfere with developers' ability to put existing programs to use. For example, a smartphone developer may be stopped from using — and perhaps improving on — a certain type of menu because a competitor holds the patent for that component. Thousands of software patents are in effect, and each one gives its holder the right to stop others from using that software program for 20 years.
This puts limits on innovation. One group, End Software Patents, lists some reasons why they believe that software should not be patentable. The suits affect not only technology companies but many other types of businesses. It is also worth noting that many modern conveniences, such as email and the internet, came into existence before it was widely accepted that software is patentable.
The creators of these inventions did not need patents to innovate. In October , a decision by the US Court of Appeals for the Federal Circuit weighed in on the debate over whether software should qualify for patents. The ruling said that such patents are a "deadweight loss on the nation's economy" and threaten the right of free speech that the Constitution grants. The ruling found that three software patents, held by Intellectual Ventures, were invalid because the patented material wasn't eligible for patent protection.
Intellectual Ventures had a reputation as a " patent troll ," which means that it bought patents and then sought to take advantage of other companies that were supposedly infringing on those patents.
The judge in the case even went so far as to say that the Alice decision mentioned earlier effectively put an end to software patents. He also stated that the monopolies that patents grant limit free speech. Even copyright law has a provision for " fair use ," and patent law ought to include something similar. He suggested that software should only be eligible for copyrights, not patents. Another problem with patents that the case touched on is that many companies race to patent software before the software is fully developed.
This is expensive and discourages innovation by other companies. Although many patents were invalidated after the Alice ruling, three of those were later found to have been wrongly invalidated.
These may have set up a stronger future for software patents. Those three cases were :. Software patents and the rules around them are difficult to understand. With respect to patents, this company makes it very clear what they do help you patent your invention with quality professionals and what they don't do invention promotion.
In other words, Thoughts to Paper will help you take each and every step you need to protect your invention, but getting it noticed and maybe even bought or invested in will be up to you. Now that we've got that cleared up, let's look at the wide range of services you'll get from this Patent Application Service.
Within the scope of patent applications, here are your options:. What about extra services? You guessed it: Thoughts to Paper has those too.
Here are a few you may want to consider:. If all of that doesn't have you convinced that this Patent Application Service is amazing, we invite you to have some fun on their Obtained Patents page. It was interesting to see specific patents across a wide spectrum of industries - all brought to pass with Thoughts to Paper's help.
We really like the site's Knowledge Center, especially if you're new to the patent process and want to get some background information before getting started. Do you know the three criteria for getting something patented? What about international protection with a provisional patent application?
You'll find all of that and more in Thoughts to Paper's easy-to-read articles. Clients give this Patent Application Service very high praise. Our favorite comment said that this company offers "Rolls Royce workmanship at Chevrolet prices"! Across the board, customers say that the service they receive is more than worth the money spent - and seeing those kinds of compliments from inventors who have used other services in the past is particularly compelling.
Remember how we said you probably want only the most trusted, knowledgeable resource for taking care of the invention you've poured your heart and soul into? Thoughts to Paper is that resource: affordable, expert help that has already been trusted by numerous inventors just like you.
This is our first choice for Patent Application Services, and they earn our highest rating. Since , LegalZoom has made low-cost legal help available to every American, not just those who can afford expensive attorneys.
One aspect of this service that we really love is that LegalZoom doesn't limit you to certain packages of services when putting together your patent application. That's it! If you have any questions while you're working on your paperwork, US-based LegalZoom agents are available through their toll-free number on a very generous schedule: weekdays from 5a-7p Pacific and weekends from 7a-4p Pacific. Your one-time fee includes digitization and color adjustment of your technical drawings.
You also are protected by LegalZoom's Peace of Mind Review: in other words, your application is reviewed by an actual human being, to make sure that your information is complete, spelled correctly, and so forth. Do you need more services than that? Unlike many of their competitors, which require you to pay for a bundle of features that you may not even use, LegalZoom lets you pay a la carte just for what your unique situation requires.
Some of these services include:. No matter which legal service you use, this company guarantees you'll be satisfied with them as "the best legal document service on the web".
While they can't guarantee your patent will be accepted, they promise that if you're unhappy with any of the professional aspects of their service, you can make a claim within 60 days of your purchase and get the problem fixed, get a refund, or receive credit towards other services.
LegalZoom is affordable, reliable, and efficient when it comes to Patent Application Services. You'll only pay for the specific features that you need, which could save you a decent amount of money compared with rival companies who bundle their services.
This continues to be one of our favorite choices for most legal needs, including patent applications. As the only membership-based Patent Application Service in our review, Rocket Lawyer could be a terrific option if you expect needing legal assistance in many different ways. Maybe you want to file for a patent, but you also want to incorporate your business, write up your will, or even sign a prenuptial agreement! Rocket Lawyer offers a free 7-day trial, making it absolutely risk-free to draft your patent application.
Doing the math, it seems like if you can't get everything you need in the 7-day trial, you'll pay the same whether you subscribe for a month - and get access to all of the service in Rocket Lawyer's library - or you just use their Patent Application Service.
That's not as many services as our highest-rated provider, but it's still more than enough to get your patent registered with the USPTO. Keep in mind that you'll have to file the documents yourself - Rocket Lawyer's service doesn't include doing that for you - but the process can typically be done very quickly online.
There are other reasons for considering a Premium membership. For example, you'll receive a free minute consultation on each new legal matter in which you use their service. Have a question about how to form your LLC? Want to know if your drawings are clear enough for your patent application? You can see how convenient it would be to get a half hour of advice and help! Another included feature is Document Defense. If something goes awry with your patent, Rocket Lawyer's on-call attorneys will review your situation and help you get your application back on track.
What comes up missing with Rocket Lawyer, compared with some other Patent Application Services, are the a la carte extras that some customers need.
If you want professional drawings to include with your application, a patent search to determine if your invention is unique and likely to be granted a patent, or professional drafting of your invention claim, you'll have to find those services on your own. Not every inventor will need that kind of help, but it would be nice if Rocket Lawyer made it available, even if only on a referral basis. Rocket Lawyer has helped over 20 million people access legal help in a way that's affordable, comprehensive, and guaranteed to be valid in all 50 states.
If you're looking for a low-cost way to get your Patent Application completed, this is a good option. But, keep in mind that there are some services you'll need to take care of on your own, including the actual filing of your forms with the USPTO. If you consider yourself a DIY kind of person and aren't scared by the process of filling out and filing legal documents, Find Legal Forms could be a good idea for you.
Originally started by two lawyers in , this service aims to offer legal assistance for the everyday consumer by providing access to affordable documents. In this packet, which is available for immediate download, you'll get the following forms:. On the Find Legal Forms site, there's a handy description of each of the forms, so that you understand their purpose in your patent application process. All of the forms offered through this service are attorney-prepared and kept up-to-date for all 50 states.
And, another helpful perk is that all of your application documents can be signed online; there's no extra charge for the eSignature service, and your John Hancock is just as binding as if you had signed with a pen on paper. If you use Find Legal Forms for your Patent Application Service, you can rest assured that your purchase is protected by a day money-back guarantee.
If you're unhappy for any reason, you can get a full refund. This is definitely one of the most affordable ways to file for a patent, but is it the best for your needs? If you think you might need some one-on-one help with filling out the forms, figuring out where to send them, or answering any legal questions, you won't get that with this service.
Of course, if your Google skills are good and you don't mind looking up the answers yourself, you could save a lot of money by using Find Legal Forms as your Patent Application Service. If you want to find a lawyer that can handle your Patent Application needs, LegalMatch does just that.
In business for more than 20 years, this service has helped with millions of legal cases in a variety of situations. Getting started with LegalMatch only takes a few steps: choose the category of legal help you need in this case, Intellectual Property , enter your zip code and then click on the corresponding city in the dropdown box, and then click on the box that says Patents on the next page.
After that, you'll come to a screen that has optional questions specific to Patent Applications. While you don't have to fill them in, providing specific details will give any interested lawyers a better understanding of your needs. Finally, enter your contact information and create an account. During this part of the process, you have the option of releasing your contact information to lawyers - which will give you a faster response - or choosing to screen any interested attorneys who respond to your case.
Once you've created your account, you'll come to a screen that gives you a cost estimate. That's definitely a lot more expensive than the other providers in our review. The next page lets you choose a preferred initial consultation time. We noticed that the calendar defaulted to a date three months in advance, but we were able to go back and even choose today's date if we wanted. Selecting a consultation time is optional; just click the link under the calendar if you'd rather not put in a date and time.
From there, you'll have access to an online dashboard where you can see responses from any interested attorneys - and there was one already there when we were taken to that page! That's probably an automatic response generated simply because we were looking for a lawyer to help with patents.
The attorney in that response offered a minute initial consultation for no extra charge. But, he wasn't located in our state - or even in our time zone - so there was definitely no in-person service available.
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