We are experiencing a paradigm shift in technology from the use of Software to Mobile Apps (Applications) to integration with Cloud Computing, which has resulted in the emerging field of IoT, or Internet of Things.

Here are 5 steps to draft patent claims and write patent applications for inventions and technologies belonging to the field of Software, Mobile Apps, Cloud Computing or Internet of Things (IoT):

Thoroughly understand the innovation as a problem-solution approach
Prepare flow diagrams (flowcharts) to cover all aspects of the processes disclosed by the innovation
Prepare system architecture (block diagrams) illustrating all hardware elements connected via network
Ensure proper sync between the flowcharts and block diagrams
Draft patent claims (system or apparatus) covering all elements of block diagrams along with process (method) claims

Software Patent Application Drafting Guidelines

Writing Software Patent Application

Writing Software Patent Application is an art. An experienced patent attorney or patent agent can draft software patent claims that may have broader scope of the invention. However, the purpose of this post is to provide inventors with a general idea how to draft a patent application for a software patent invention.

First and foremost, every software patent specification must be tailored for a particular invention solving one problem in the prior art domain. There is no “one single patent formula to be followed” to write a perfect software patent application. The most important aspect of software patent writing which should be kept in mind while writing the software patent application is the patent claims, which define the legal rights of the patent owner.

It is always advisable to get professional help for writing the software invention and prosecuting the patent application before the patent office. The software inventor should provide flowcharts and/or flow diagrams of different embodiments of the software based intelligent algorithm to the patent attorney.

Software Patentability / Prior Art Patent Search

Conduct a patentability search of the prior art available in the public domain is advisable before filing the software patent application. The software patent strategy includes the steps of reviewing non-patent literature documents like journal, newspaper articles, magazine articles, books, conference materials, brochures, and research reports.

The online patent database (collection of granted patents and pending published patent applications available in public domain by the patent office) of USPTO, WIPO, EPO and the like should be searched to determine novelty of your software innovation. This can be done either by looking for keywords in the abstract text, specification, patent title, patent claims and by the International patent classification numbers, USPC and CPC assigned to each patent by the patent examiner.

Patentability Search Results / Patentability Opinion

The patentability search results of the invention will provide detailed insight to the inventor about how broadly one can claim the invention. Moreover, the patent language used by other patent attorneys to claim a similar invention provides a rough roadmap to describe your own software innovation.

Advantage of Patentability Search

The main advantage of patentability search from the viewpoint of developing a strong patent claim strategy is that the identified close prior art patent claims should be avoided. Particularly, the patent claims should be written in a manner to avoid the prior art.

Software Patents in India – Laws, Cases, Granted Patent Examples – Copyright Protection

How to get Software Patents in India

Grant of Software Patents in India is possible. Patents filed for innovations relating to computer programs, software and mobile applications protect the novel and inventive features of such innovations from being copied by the competitors. Software Patents in India is granted for an embedded software in a mobile application, and/or software plus hardware combination. However, patent law in India does not allow patent protection for software per se, whereby patenting a computer program is prohibited. This provision is stated in Section 3 of the Indian Patents Act, which related to Non-Patentable Inventions.

Why are Software Patents not available in India?

When the set of patent claims are written for web based software just stating various method steps and without disclosing what apparatus and/or structural component are carried out by the said steps in that case the invention falls within scope of clause (m) of section (3) of the Patents Act, 1970 (as amended).

There should be structural limitations to the patent claims otherwise the subject matter of these claims is mere scheme and/or mental act and hence falls within scope of clause (m) of section (3) of the Patents Act, 1970 (as amended). Therefore web software invention claimed in said claims is not patentable.

When the patent claims do not define any structural features of the claimed product rather they define computer instructions and logic in that case the instructions and/or logics are nothing but computer program per se. Hence subject matter of said claims falls within scope of clause (k) of section (3) of the Patents Act, 1970 (as amended). Therefore web software invention claimed in said claims is not patentable.

Frequently Asked Questions (FAQs) on Software Patents in India

Are software inventions patentable in India?

Yes, innovations in the field of software and mobile applications can be patented in India. The Indian patent office defines software inventions under the category of Computer Related Inventions, one or more features of which are embodied wholly or partially by means of a computer program(s). Such inventions have been described in the guidelines published by the patent office for examination of computer related inventions, or CRIs.

Generally, patent applications covering subject matter related to software inventions have been divided into different categories by the patent office, including, (i) Method / Process, (ii) Apparatus / System, (iii) Computer readable medium, and, (iv) Computer Program Product.

In case of patent claims claiming a method or a process, the patent office excludes business methods, mathematical formulae, algorithms, and computer programs per se. Specifically, if method claims or process claims relate to computer related innovations having novel and inventive aspects, such method claims are patentable in accordance with Indian patent laws.

In case of patent claims claiming an apparatus or a system, the patent office has stated that patents can be granted to computer related inventions wherein novelty, inventive step, and industrial applicability is found by way of hardware combined with software applications. In use, such claims may be patented in “means plus function” format.

While drafting software patents and writing patent claims, use of means-plus-function claim is common. Specifically, while drafting patent claims, means-plus-function claims can be used to express technical and functional terms of the invention to describe multiple aspects of the invention.

In case of patent claims claiming Computer readable medium, or, Computer Program Products, the Indian patent office categorizes such patent claims as computer programs per se, and hence such claims may not be patented in accordance with Indian patent laws.

Software Patents Granted in India

Patent applications claiming computer related innovations, software and mobile applications can be patented in India if patent claims are drafted to protect the innovative aspects of such inventions. Specifically, the innovative aspects can include inventive process / methods along with inventive apparatus / system (hardware components).

Some examples of software patents granted in India are listed below:

Software Patents Examples

Indian patent application number 3803/CHENP/2008 titled “DISAGGREGATED SECURE EXECUTION ENVIRONMENT” has been granted by the Indian patent office on 19th Sept., 2016. This patent claims priority from US patent US11/353,675 with PCT International Application Number as PCT/US2007/002322. The subject matter of this patent relates to, an electronic device, such as, a computer, which may be adapted for self-monitoring for compliance to an operating policy. The operating policy may specify a pay-per-use or subscription business model and measurements associated with compliant usage. A secure execution environment may measure usage in accordance with the business model as well as monitor and enforce compliance to the operating policy To increase the difficulty of attacking or otherwise disabling the secure execution environment, elements of the secure execution environment may be distributed. The distribution points may include other functional elements of the computer, such as interface circuits, or may even be remotely located over a network. An implementation method for disaggregating the secure execution environment is also disclosed.
Indian patent application number 5992/DELNP/2005 titled “A SYSTEM FACILITATING A COMPUTER OBJECT ACCESS CONTROL” has been granted as Indian patent number 247539 on 18th April, 2011 by the Indian patent office. This patent claims priority from US patent US10/609,104 having PCT International Application number as PCT/US2004/019987. The subject matter of this patent relates to a system facilitating a computer object access control for controlling access to the computer objects, comprising: a computer display screen, a graphical user interface (100), a name field (102) indicating a name for the computer object; and one or more access control fields (110) rendered together and indicating plural selectable computer spaces (112C-112E) for the computer object, at least one of the computer spaces corresponding to a computer location and at least one of the computer spaces (112A, 112B, 112F) corresponding to access to the computer object for one or more computer users.

How To Apply For Software Patents in India

In light of the Indian patent laws and guidelines published by the Indian patent office for examination of software patents / computer related inventions (CRIs), software patents can be applied in India by way of combination of hardware and software features, which are novel, inventive and possess industrial applications.

More specifically, the software patent applications filed in India shall claim innovative methods including all the steps of flow diagram of the software applications along with novel hardware (apparatus / system claims) claims including elements of the system architecture embodying the corresponding methods / processes.

Software Patent Cases In India

Among multiple patent cases in India, few can be put in the category of software patent cases in India, wherein issues pertaining to software patenting in India have been discussed. Some of the important software patent cases are discussed herein below.

1. Electronic Navigation Research Institute Vs Controller General of Patents

IPAB, OA/26/2009/PT/DEL, 5^th July, 2013

In this case relating to patent application no. 3624/DELNP/2005 for the invention titled “A CHAOS THEROETICAL EXPONENT VALUE CALCULATION SYSTEM”, the Indian patent office denied the patent on the grounds that said invention falls under the category of mathematical formulae even if it produces a technical effect. The invention in this case claimed a mathematical method for evaluating time series signals.

2. Yahoo v Controller of Patents & Rediffcom India Limited

IPAB, OA/22/2010/PT/CH, 8^th December 2011

Section 3(k) of the Indian Patents Act was discussed in this case before the Intellectual Property Appellate Board (IPAB), wherein it the concerned patent application was held non-patentable as being the business method embodied via technology. The order passed by the IPAB in instant case stated that where technical advances are only a manifestation of a core business method, such advances shall not accord any advantage to the patentee in the allowance of the patent. In simple words, business methods disguised as technical subject matter without any innovative aspects cannot be patented in India.

In the case of Yahoo, the patent claims included features of a software tool targeting search terms relevant to Yahoo’s business. Accordingly, the IPAB concluded that the technical advance proposed by Yahoo was simply a method of doing business, even if it was a technically smarter way of doing business and, therefore, cannot be patented in accordance with provisions of Section 3(k) of the patents act.

3. ACCENTURE GLOBAL SERVICE GMBH Vs. THE ASSISTANT CONTROLLER OF PATENTS & DESIGNS

IPAB, OA/22/2009/PT/DEL, 28^th December, 2012

This case relates to Indian patent application number 1398/DELNP/2003, which is now a granted patent as patent number 256171, whose present legal status at the patent office database is, “Inforce with Due date of next renewal as 21/02/2017”. This patent application was initially refused for patent registration by patent office under the provisions of Section 3(k) of the Indian patents act.

However, the patent applicant appealed before the IPAB and as per the Controller’s decision, it was held that the instant invention as claimed is not software per se but, a system is claimed which is having the improvement in web services and software. Accordingly, it was held that the invention since not falling in the category of section 3(K), viz software per se, corresponding objection was waived and the patent was granted.

Software Copyright In India

What is meant by software copyright?

In addition to software patents, copyright protection can also be used to protect the Intellectual Property Rights associated with the software. Essentially, copyright for software is employed by software companies to reduce and prevent unauthorized copying of the software, which is also referred to as software piracy or software infringement. In case of software offered under free and open source licenses, software owners depend upon the copyright law to enforce their legal rights.

Overview of Indian Copyright Laws for Software Protection

In accordance with Indian copyright laws, computer software can be protected as literary works, wherein a “computer program” is defined as a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

Software Copyright In India

Effectively, copyright protection for computer programs prohibits unauthorised copying and infringement of the computer program, including the structure and the design of the computer program.

In addition to the source code, additional aspects of the computer program and the software can be protected by filing appropriate copyrights for the graphics, sounds, and appearance of a computer program. Consequently, by filing multiple copyright applications to protect different aspects of the software / computer program, legal proceedings for intellectual property infringement can be initiated and IP rights can be enforced even if the source code of the software is not copied by the offending party / infringer.

In addition, it is also advisable to protect future modifications and improvements of the software and the computer program by way of multiple copyrights and patent applications, which can provide strong protection of various technical features and different aspects of the software.

End User License Agreement – EULA

An EULA is a legal contract between the author or publisher of a software program / mobile application and the user of such application. The EULA is crucial document relating to intellectual property rights associated with the software and the computer program and it is generally executed digitally wherein the users are required to click-through and accept the terms of the software license agreement. Various provisions of the license agreement are drafted to ensure the source code and other aspects of the software / computer program are not copied and / or reverse engineered by the users illegally, which may amount to intellectual property rights infringement of the author / publisher / owner of the software program.

Drafting End User License Agreement – EULA

Generally, a software license agreement is termed as EULA or End User License Agreement. EULA is aimed at defining the relationship between the software company and its customers or clients that primarily govern the rights and usage associated with the software purchased by the clients from the software development company.

Types of Software License Agreements

Various types of software license agreements include:

Singe User Software License Agreement
Multi User Software License Agreement
Local Reseller Software License Agreement
International Reseller Software License Agreement
Enterprise Software License Agreement
Non-profit Software License Agreement
Privacy Policy for Data Protection

EULA Clauses

Content of EULA includes important legal provisions, such as, for example, but not limited to:

General Information of Parties
Software License Details – Term, Duration, Date etc.
Price of Software License
Ownership of Software Code
Intellectual Property Rights and Copyright Ownership
Prevention of Software Abuse
Prevention of Copying, Modification, Redistribution and Reselling of Software
Definition of Software License, which may not amount to selling of software ownership
Legal Disclaimers and Warranties
Limitation of Liability
Right to Terminate Software License
Exclusive or Non-Exclusive Software License
Non transferable license
Breach of terms and termination provision
Governing Laws and Jurisdictions
Technical and Customer Support
Software Restriction Clauses
Contact Information

Assignment of Software Copyright

In accordance with Indian laws and the Delhi High Court judgement in the case of Pine Labs Private Limited vs Gemalto Terminals India Private Limited, the author of the source code owns the original copyright of the software program and the same is required to be assigned to the owner / publisher of the software by way of Software (Intellectual Property) Assignment Contract. Furthermore, while drafting software assignment contracts, the term of assignment and jurisdiction should be clearly specified to ensure perpetual ownership of the software worldwide.

Frequently Asked Questions (FAQs) on Software Copyright in India

Whether computer Software or Computer Programme can be registered under copyright law?

As specified by the Indian Copyright Office, copyrights pertaining to software and computer program can be registered by way of one or more copyright applications to protect corresponding intellectual property rights (IPRs). In accordance with the Indian Copyright laws, Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products.

How do you get a copyright for software?

The first step to obtain copyright protection for a software / computer program is to determine if the subject matter of said software / computer program is eligible for copyright protection. An experienced copyright attorney or intellectual property law firm can assist in determining whether one or more aspects of the computer program / software are protectable by a copyright. As per copyright laws across multiple jurisdictions, a copyright protects “original works of authorship” that are in a tangible form or expression.

Manual of Patent Office Practice and Procedure of Software Patents in India

The Indian patent office has published a manual of patent office practice and procedure, which explains the functioning of the patent office by describing multiple steps of the patent registration process in India, including, patent application filing, patent prosecution, patent examination, issuance of patent examination report, patent hearings, patent grant, issuance of patent certificate, pre-grant patent opposition, post-grant patent opposition, and renewal of granted patents in India.

Software Patent in India – Indian Patent Office Manual

After going through the patent office manual, it can be concluded that although Indian patent laws excludes business methods, mathematical formulae and computer programs per se from patent protection, software patents can be granted in India for innovations that are able to stand the test of patentability.

Writing a Provisional Software Patent Specification to be filed before USPTO

Writing Software Patent Application

Essentially, a provisional patent application based for software innovation includes:

Title of the invention
A short abstract (150 words maximum)
Background of the invention and related Prior arts
Detailed description/Specification describing how to make and use the invention. Flowcharts and/ flow diagram to execute the software algorithm
Patent Claims not required for a provisional patent specification

Tips For Writing Non-Provisional Software Patent Application

Step 1: Prepare rough flow diagram illustrating main steps of executing the algorithm.

Step 2: Prepare detailed flowcharts illustrating detailed steps along with determination steps as to what will happen if a particular transition step takes place.

Step 3: Software based block diagrams can be prepared to show more details for particular steps.

Once, the above mentioned diagram are handy write the patent application detailed description section describing what is done at each step of the algorithm and how to do it. As required under Section 112 of US Patent Laws, describe both the best way to perform the best mode or preferred embodiment of the invention and all the possible other embodiments that you can think of to execute the software based codes to solve the problem.

Mobile Application Patent Drafting

Guide to Software Patenting

Strong patent claim drafting skills can make the difference for a grant of software patent application by the patent examiner. However, writing a patent specification for information technology domain, software business app or mobile applications, cloud computing or IoT (Internet of Things), and subsequently drafting the required patent claims are highly technical in nature.

As a patent drafter, the real skill is to write about all the different sections of a patent application in detail and at the same time it has to be precise, as these have to be in accordance with proper formats specified by the respective patent office. Specifically, writing patent claims is most important part of patent drafting process.

Most important sections in a software patent application:

Patent claims (independent patent claims and dependent patent claims)
Writing about one or more embodiments, and
Flow diagram and/ flow chart providing details of the algorithm

Software program is not a tangible object and they may not be patentable under the definition that a new, useful, and non-obvious process or product is a patentable subject matter under 35 U.S.C. (United States Constitution) §101.

Therefore the patent writer should be expert in patent application drafting techniques that includes strong patent claims to define the boundary of the invention, details about one or more embodiments, and drawing sections of patent applications.

As discussed earlier, software program is not a tangible object and to make software programs patentable, inventors must propose and create a tangible product which contains the invented software program. For example, when an inventor puts his sensor program, which starts the car engine with one touch finger, into a general purpose computer, this computer is not merely “a general purpose computer” anymore. This is a sensor machine, making it a patentable product even though the sensor software program itself is not patentable.

Best Practices to follow while writing Patent Claims:

While writing the patent claims use of specialized language expressions provide better protection from patent infringers. For example, when an invention contains a particular component, patent writers need to describe it not as one component but “at least” one component.

“At least one” refers to “one or more” components and therefore if a granted patent claims contains ” one ” or “at least one” will make a lot of difference if an infringer infringes upon the patented product. This example illustrates a need for language manipulation in patent claim writing.

To Read more about writing software based patents: Click here

How to get Patent for my Invention & Idea Globally?

How to patent business technology. Contact our patent experts for reviewing your tech application.

How to Patent an Idea Internationally: Decide whether you need an International Patent for Invention

How to patent guide for startups: Individual inventors and startups who think and dream big often come up with patentable ideas for which they wish to file international patents. The inventive concept has to be protected legally before any other party can copy it. Before beginning the process and steps to file an international patent one should ask the question when is the right time to file or apply for international patent. As a business owner if you are thinking about expanding your business in one or more foreign countries, getting an international patent under Patent Cooperation Treaty (PCT) system is a good option.

International Patent Attorney

International Patent Registration

Our team of international patent attorneys are based in Asia. We would like to explain with you about international patents & how to patent innovative systems. How do you get worldwide protection for your invention? Many foreign inventors think and have a point of view that filing international patents gives and grants them protection in 140+ countries across the globe. However, this is not TRUE. The advantage of filing international patent for your invention is entering the member countries of the Patent Cooperation Treaty (PCT) system in 30 or 31 months from the first patent filing date in the home country.

How to Patent: Cost for Filing International Patents

The cost of applying international patents will depend on many parameters. The first important consideration is whether the patent applicant is an individual or filing international patent as business entity. The cost and fee structure of PCT before WIPO is almost four times the individual fees for the business entity.

Another very important factor is selection of international searching authority (ISA) by the patent applicant. If you have already filed and applied for patent for your invention in home country you can file a complete patent application with patent claims as international patent before WIPO, Geneva. Filing a PCT patent application will cost approximately $1500-USD 2500 depending upon the patent applicant status and selection of international searching authority (ISA). The PCT international patent provides the inventor with the legal right to enter international patent application in other countries under national phase for example in India: National Phase Patent Filling in India. So filing international patent in individual capacity can save cost for the international patent application.

Patent Research Attorney for Protecting Business Methods

Business method patent attorney will assist you understand how to protect business method by combining it with software application. A business method patent attorney is a technology lawyer & patent attorney manages the intellectual property practice at the law firm by focusing on strategic patent prosecution, drafting enforceable patent claims, writing local and international patent applications, patent counselling, patent portfolio management, and patent litigation, in the field of computer engineering, communications, and software technologies.

The patent projects begin by conducting patent prior art search, analysing patent eligibility by performing patentability analysis, drafting of the patent application, filing of parent patent application, filing PCT applications under International Phase and National Phase, responding to objections raised by patent offices, conducting patent hearings and drafting legal agreements and contracts in the business industry.

Computer Hardware and Software Inventions

Computer related Inventions (CRIs) Protection by filing Patents

Computer Hardware and Software Inventions can be patented subject to certain conditions. Among all intellectual property (IP) services in India, patent filing in India is most sought after specially in the case of technologies and innovations pertaining to computer hardware, software and other computer related inventions (CRIs). As per Indian Patent Office, patents are filed in India for innovations involving multiple aspects, such as, computers, computer systems, computer networks, computer related inventions (CRIs), computer hardware and software inventions, data processing systems, data processing methods, information technology, database creation, database processing, database management, software, functions, computer programs, firmware, embedded systems, technical effects and technical advancements.

After performing patent search and analyzing patent search results related to computer hardware and software inventions, it can be seen that most patents filed with patent claims defining computer hardware and software inventions can be categorized into method claims or process claims, apparatus or system claims, computer readable medium claims, or patent claims that are drafted to define a computer program product.

Indian Patent Office Procedure

Patent Examination Request in India

After filing a patent in India for computer related inventions (CRIs), computer hardware, and computer software, the provisions of Indian Patents Act requires the patent applicant to file a request for patent examination, following which the patent will be examined by the Indian Patent Office. The request for patent examination in India can be filed via Form 18 under e-filing mode or physical filing mode. The official fee to file Form 18 for patent examination request under patent e-filing mode is INR 4000, INR 10,000 and INR 20,000 for a natural person (individual patent applicant), a small entity and a legal entity respectively. For physical filing mode, official fee to file examination request vide Form 18 with the Indian patent office, the official fee is INR 4400, INR 11,000 and INR 22,000 respectively.

Patent Examination Procedure in India

After filing of patent examination request for patent applications relating to computer hardware, computer software and computer related inventions (CRIs), computer hardware and software inventions, the patent office examines the patent claims for patent eligibility or patentability, including novelty, inventive step (non-obviousness), and industrial application.

Non-Patentable Subject Matter in India

Section 3 of Indian Patents Act

In addition, the patent examiner also examines the patent claims under the subject matter of non-patentable inventions, specifically section 3(k) of the Indian Patents Act, wherein business methods and software per se are not patentable under the Indian patent laws. This implies that source code of software cannot be patented in India, and the patent laws only allow innovations satisfying the criteria of patentability to be registered as patents in India.

Software Patents in India – Best Practices

Software patent attorneys in India having expertise in patent searching, patent drafting and patent filing generally follow best practices for handling computer related patent matters, and computer hardware and software inventions in India. Patent lawyers and patent law firms in India handle all stages of patent process efficiently, including patent filing and registration, PCT National Phase Application Filing, and Patent Prosecution before the Indian patent office.

5 steps to obtain Patent in India for computer hardware and software inventions

The following 5 steps can be followed in India to obtain and register patents in five steps:

Conduct a patent prior art search to see if the invention has potential to withstand the test of patent eligibility.
Draft a strong patent application with comprehensive and enforceable patent claims
File patent application in India, PCT international phase patent application with WIPO and PCT National Phase Application in multiple countries.
Track patent examination process and understand objections raised by the patent examiner while issuing patent examination report, or first examination report (FER).
Respond to objections properly and ensure timely compliance to proceed the patent towards registration stage and obtain patent registration certificate from the Indian patent office.

What is a business method patent?

Role of business method patent attorney

In the recent technology scenario, business method patents is a buzz word. Although, the word “business method patents” is not defined but in normal day use “business method patents” relates to a patent relating to a method of doing business. Examples for any kind of business method patent will include DATA PROCESSING SYSTEMS OR METHODS, SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL, SUPERVISORY OR FORECASTING PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL, SUPERVISORY OR FORECASTING PURPOSES, NOT OTHERWISE PROVIDED FOR.

Business Method Patents: IPC G06Q

Most business method patents fall under IPC Class G06Q. The Patent Offices worldwide use IPC patent classification to classify patents that claim a system or apparatus and corresponding methods for performing data processing operations uniquely designed for processing data between servers, & handheld devices.

IPC G06Q 10/00 Administration; Management

G06Q 20/00 Payment architectures, schemes or protocols (apparatus for performing or posting payment transactions

G06Q 30/00 Commerce, e.g. shopping or e-commerce

G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes

G06Q 50/00 Systems or methods specially adapted for a specific business sector, e.g. utilities or tourism

G06Q 90/00 Systems or methods specially adapted for administrative, commercial, financial, managerial, supervisory or forecasting purposes, not involving significant data processing

Is Your Business Method Invention Patent Worthy? Ask & consult your business method patent attorney today

Over the years, the Patent Office have made very clear that a business method can be patented if it meets the standard requirements for patentability. The patentee of a business method patent can patent the business method if it is original, useful, and not obvious.

Examples of Business Method Patents drafted by business method patent attorney

Business method patents relates to a way of doing business which generates revenue for the company and at the same time provides user experience via user interface of the handheld device. Some recent examples of business method patents are:

United States Patent 9514462 granted to Google for content purchasing on a computing device. In one implementation, a computer-implemented method includes receiving, at a computing device and from a computer server system, digital content that is for sale and that is received without having yet been purchased by a user of the computing device; storing the digital content locally on the computing device in a manner that prohibits user access to the digital content; after storing the digital content: receiving user input that indicates the user is purchasing at least a portion of the stored digital content; and in response to the received user input, storing information that indicates the user purchased the portion of the digital content and providing the user with access to the purchased portion of the digital content; and in response to detecting that the computing device is communicatively connected to the computer server system over a network, providing the stored information to the computer server system.

United States Patent 8856922 granted to Facebook for management of reports related to imposter accounts in a social network system. In use, imposter account reports received by a social networking system are put into a report management process that routes the reports into other handling processes based upon the comparison of the probability of fraud in an alleged imposter account versus the probability of fraud in an alleged authentic account. The account determined to be most probably fraudulent is enrolled in an account verification process. In the account verification process, the account-holder is asked to verify their identity automatically. If the automatic verification fails to verify the identity of the account-holder, a manual process for verification is initiated.

Technology Business Corporate Lawyers

International Corporate Lawyers and Patent Attorneys

Patent Attorney and Corporate Lawyer in Asia

Contact at rd (at) patentbusinesslawyer (dot) com

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Experts in Litigation, Patent Protection, Licensing & Enforcement, Cross-border Mergers & Acquisitions, Joint Ventures, Foreign Direct Investment & Tech Transactions in South East Asia covering consulting for global patent Attorneys in executing:

Patent drafting & filing for B2C & B2B digital products

Protection of Mobile App’s Intellectual Property via Patents, Copyrights, Website Terms & Vendor Contracts

Wearable device’s patent portfolio protecting hardware, dashboard, app & data analytics software

Medical device patentability analysis, prior art search, provisional & complete patent drafting, patent claims & patent drawings, patent filing in India, PCT, USPTO & EPO, responding to USPTO, UKIPO, MyIPO (Malaysia) & SIPO (Singapore) office actions

Patent Landscape & Patentability Studies for innovations in Artificial Intelligence (AI & Chat bots), Internet of Things (IoT), Wearables, Driverless Cars, Virtual & Augmented Reality, 3D Printing, Drones, Mobile Payments (Digital Wallet) & FinTech

Assisting Clients with Complex Patent Issues: Patent Searches, Patent Drafting, Patent Filing, Patent Office Examinations, Patent Prosecution, Patent Due Diligence & Patent Litigation Strategy

Patent Strategy for International Patents, USPTO Filings, Drafting Office Action Response, Patent Reexaminations & Reissue Proceedings, Appeals to PTAB, Patent Office Trials, Inter Partes Review, Post-grant Review, Covered Business Method Patents, Interferences, Derivations & Appeals of PTAB Trial Decisions

European Patent Practice, Patent Oppositions, Appeals, EPO Third Party Observations, Central Limitation and Revocation, Supplementary Protection Certificates (SPC) & United Kingdom (UK) Patent Practice Advisory

Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement

Software Patent FAQs:

How to Patent an Idea

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General Patent FAQs:

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Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter

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Top rated and highly experienced patent lawyers in New York can be found by searching USPTO database or by reviewing patent law firms comprising patent attorneys (patent agents) registered to practice before USPTO. Inventors in New York can personally interview multiple patent lawyers before selecting the patent attorney best suited to address their needs. Clients can also explore cities in the vicinity of New York, including, Brooklyn, Cedarhurst, Elizabeth, Garden City, Flushing, Bronx, Jamaica, Staten Island, Hackensack etc. and can also research patent attorneys practicing related areas, like Intellectual Property, Copyrights, Trademarks, Trade Secrets, Cyber Laws, Technology Laws, and the like.

Technology Development in New York

As it is well known, New York is the financial, business, trademark, and fashion focal point of the world, and hence, many global businesses and financial corporations are headquartered there. New York is a great place to launch innovative products due to the tech savvy residents. Recently, it was reported that a mobile application has been launched to apply for Food Stamps in New York. It is well known that about 1.7 million people in New York City receive food stamps and to qualify, they must produce dozens of documents to prove their eligibility, including birth certificates, pay stubs, leases and children’s school records. It is really problematic to gather, copy and bring the documents to a social services office, and then wait to be seen by a worker. New York city’s welfare agency, the Human Resources Administration, plans to ease this step with the help of a new cellphone app, wherein those seeking food stamps can take pictures of the required documents with their phones and upload the photos to the mobile application.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.

Law office of Rahul Dev is a niche technology and research based law firm focusing on next generation business and legal issues faced in India and outside India during international business and cross-border technology transactions. We assist our clients in close collaboration with our associates and counsels within India and outside by providing custom engagement models to address our client’s needs.

Practice areas include drafting and filing patent applications, patent prior art searches, patent prosecution, patent filing in India, PCT national phase entry in India, PCT international applications with WIPO, freedom to operate searches, patentability analysis and patent strategy to create a valuable patent portfolio.

Patent attorney Rahul Dev works with clients providing expert legal services in the field of innovative pharmaceutical products, branded drugs, generic drugs, molecular biology, immunology, cell biology, regenerative medicine including ESCs, iPSCs, pSCs, diagnostics, therapeutics, theranostics, drug delivery systems, host-vector systems, high throughput screening, bioinformatics, diagnostic imaging, ancillary services (PET, CT, MRI, ultrasound, greenlight, lithotripsy, radiation therapy, cyber-knife, nuclear camera, clinical lab, pathology, physical therapy and dispensing prescriptions).

Patent attorney and technology lawyer Rahul Dev works closely with USPTO licensed patent attorneys to assist clients with patent reexaminations, patent prosecution, drafting USPTO office action responses, patent infringement litigation, patent claim mapping and patent licensing. For international patent filings, we have an established network of global patent attorneys to provide reliable and cost effective services to our clients.

Patent Strategy

Innovative intellectual property comprising strong and enforceable patents with well drafted patent claims can be created in a cost-effective manner by engaging with an experienced patent attorney and technology business lawyer. A strongly formulated patent strategy acts as an invaluable asset during technology and product development, as has been proven time and again by innovative companies worldwide.

ITPAS (Ideas to Patents and Strategy), is an innovative business program to create and bring new products to markets across the globe, as reported by New York Time News. By expediting the process of creating valuable patents, global inventors and innovative business owners can define the title and ownership of creative business models, which can further be patented across multiple jurisdictions (US, Europe, Asia Pacific), subject to the patent eligibility criteria.

Importance of Patents

Historically, patents have added immense value to technology based products, thereby increasing revenues and creating healthy competition in the industry. For example, a new product may be launched with a first-to-market advantage, which can easily be replicated and knocked off the shelves by the competitors. Therefore, without appropriate patent protection, the revenue of original product owner may reduce. On the contrary, by drafting and filing strong patent applications, the original product owner can stop third parties from infringing upon its patents and further exploit licensing revenues from a strong patent portfolio.

Benefits of Patents

Patent laws across multiple jurisdictions include marking requirement in one form or another, which requires the patent applicants and patent owners to mark the product as “Patent Pending” or “Patented”. In case of physical products, patent number or registered design number can be stamped or marked. In essence, such marking requirements provide additional advantages to patent owners as these act as a supplementary marketing tool for the companies.

Software Patent FAQs:

How to Patent an Idea

[youtube https://www.youtube.com/watch?v=r_Vwqg9eShw]

General Patent FAQs:

Journey of my blog from LinkedIn to 30+ news portals

Flagship Speaking Engagements

Featured Publications

Patent Attorney in New York

Technology Development in New York

Summary:

Inventors and small business owners have always found the patent strategy a complicated maze for navigation, and patent attorney Rahul Dev has recently launched an innovative intellectual property creation program to address such needs. Not only this program is cost-effective, his decade long experience as patent attorney and technology business lawyer has proven to be an invaluable asset during development of this program aimed at innovative companies worldwide.

Rahul Dev, patent attorney and corporate lawyer, has launched a new small business program, called ITPAS (Ideas to Patents and Strategy), which will seek to expedite the process of creating valuable patents with a view to add value to a company’s intangible assets. The idea is to get global inventors and innovative business owners to define the title and ownership of creative business models, which can further be patented across multiple jurisdictions (US, Europe, Asia Pacific), subject to the patent eligibility criteria.

This would mean lesser chances of disputes between Startup CoFounders in cases one or more founders decide to leave the venture midway. ITPAS would create a means to sidestep the often long and complicated process of defining and claiming intellectual property ownership.

“It is a strategic patent creation program intended to really eliminate the friction of the possible conflicts relating to patent ownership,” explained Patent Attorney Rahul Dev in an interview. “So the typical patent process for small businesses and individual inventors is challenging, exact patent scope and rights of ownership are difficult to identify for both clients and patent lawyers. Clients tend to start out really high believing their innovative products will disrupt the market and patent lawyers tend to start out really low citing complicated procedure to obtain patent rights, and negotiations can take months instead of weeks.”

Dev further explained, “So what this program really does is instead of filing full-fledged patent applications right away, clients are counselled to first define their inventions in a proprietary format provided to them, which is subsequently vetted to determine the most valuable and innovative features. Thereafter, such features are protected by way of an initial level IP protection, including provisional patent applications, copyrights, trademarks and design patents. This helps in saving costs and in certain cases, strong contracts and agreements are drafted to ensure protection via trade secret.”

“Future plans include actively growing the patent consulting portfolio,” Dev said. It is part of the broader efforts to grow the patent consulting practice beyond Asia growing forward and expand the business in US and Europe.” In past, Rahul Dev has handled multiple issues regarding false defamation on social media (Facebook, LinkedIn and Twitter), and while this isn’t directly related, you can likely bet his experience in getting defamatory content removed promptly by closely communicating with legal cells of tech companies is helping this aggressive new IP creation strategy.

Media coverage: 247 News, DNews, Daily News Tech, New York Time Magazine, PR Press, Daily Media, PR Wire

Internet of Things (IoT) Patent Attorney: Software Patent FAQs:

General Patent FAQs:

Rahul Dev is a IoT Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Flagship Speaking Engagements

Featured Publications

Tech Corp Legal – Indian Law Firm

Tech Corp Legal LLP is an international law firm specialised in business and technology law providing patent drafting (software patent drafting, mobile app patent drafting, patent drafting for computer related inventions), searching, filing and PCT national phase services along with trademark and other aspects of Intellectual Property Rights in addition to corporate law practice governing cross-border M&A transactions, technology licensing, agreements and contracts.

Article source.

IoT Patent Inventions

IoT, or the Internet of Things, is bound to impact healthcare, consumer goods, education, industrial manufacturing and transportation at an unexpected pace and to counter next-gen legal issues, proactive technology lawyers, international patent attorneys and strategic advisors are required to update their knowledge and skills regularly. Get in touch now to discuss your queries with for IoT patent experts in areas of intellectual property rights, patents, life sciences, high technology and corporate lawyers.

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IoT implies an infrastructure of networked physical objects forming an ecosystem including sensors, smart devices, networking capabilities, advanced data analytics and cloud services. Considering the complex nature of IoT, it presents various opportunities and challenges to multiple stakeholders, including consumers, technology corporations, software companies, hardware manufacturers and service providers.

[slideshare id=72616367&doc=internetofthingstechnologyandpatentlawpractice-170227111444]

Enterprise and Industrial Aspects

Opportunities include connecting equipment and devices, building domain expertise and customer relationships. Threats include security and shaping platform standards.

Network

Opportunities include new products and services via connected networks, edge analytics and real-time services. For example, patient monitoring in hospitals, quality control in factories etc.

Challenges include long standing relationships with new equipment makers (Cisco, Ericsson, Huawei, Nokia) and telecom service providers. Challenges include improvement in connections and better services to locate, authenticate and connect remote devices. Additional challenges include lifecycle management services to maintain, upgrade and secure complex devices and sensor networks.

Data analytics

Opportunities exist for traditional analytics vendors (IBM, SAP), cloud service providers (AWS, Alibaba), system integrators for strengthening external customer relationships and to offer tailored products and services. Challenges include multiple data sources whereby selecting right ones for insights and decisions becomes difficult. As custom solutions grow, it can result in limited integration witFh2>
Opportunities include new products and services via connected networks, edge analytics and real-time services. For example, patient monitoring in hospitals, quality control in factories etc.

Data analytics

Autonomous

Opportunities exist for latest technology sectors including robotics, drones and driverless cars, as most sensor information is collected locally and processed on board, which results in lesser need for remote data storage. Challenges include real-time capabilities and technologies, including computer vision, machine learning etc.

IoT – Applications and Examples

Internet of things have penetrated across multiple industry sectors and IoT applications can be seen in transportation finance, healthcare, retail, industrial automation and even the military. Some of the IoT examples include iBeacon (retail), smart industrial machines by GE, drones with powerful sensors for military applications, etc.

IoT Characteristics

Products embodying internet of things possess certain core characteristics, including, limited user interface (UI), limited processing power, limited bandwidth and limited battery life. Such characteristics provide a perfect combination for IoT applications that demand massive outreach without burdening the infrastructure.

Internet of Things – Legal Aspects

IoT devices and applications cover a diverse range of innovations eligible for creation of intellectual property rights by way of patents. Valuable Iot patent portfolios can be created by focusing on patentable IoT patent inventions, which get approved after preliminary prior art searches and patentability analysis.

Freedom to Operate – Joint Patent Infringement

Innovations can be launched after ensuring that there exists freedom to operate and any third party patent rights will not be infringed. In case of IoT based innovations, scenarios of joint patent infringement may be possible considering the interactive and collaborative nature of the Internet of Things.

While drafting patent claims and writing patent applications for IoT based inventions, quality of IoT patent is crucial for highlighting the inventiveness and novelty of the technology. In use, majority of innovations belong to the field of consumer devices and software. Secondly, IoT patents protecting next generation technological innovations may set industry standards or utilize existing ones, such as, BLE, 6LoWPAN, etc. Since most of inventions in this space are collaborative and interactive, patent owners may face patent enforcement issues.

Valuable IP and Patent Portfolios can be developed to include Internet of Things based innovations, which can be commercialized and monetized by exploiting the evolving nature of IoT.

Data Privacy in IoT applications

Owing to the big data generated by IoT applications and devices, drafting a data collection policy to suit the needs of the business is crucial. Across all stages of IoT, including manufacturing, use, generation and utilization of data, legal issues can arise. Key is to have strong understanding of core products and to engage in strategic counselling for creation and enhancement of IoT.

IoT Patent Lawyers and Patent Attorneys

Technology lawyers and patent attorneys working with clients in IoT sector have to understand their scope of work to cover telecom and consumer protection regulations. A thorough understanding of IoT based businesses is required to advise clients on multiple aspects, including, operations and infrastructure, growth and finance, privacy and cybersecurity regulations, IP disputes, payment systems, and related aspects of disruptive technologies.

IoT innovations are prone to raise ethical issues in collecting million devices, which can easily expand to a billion. Apart from issues pertaining to patent infringement, related issues include data security, data privacy, authentication, data and IP ownership, information governance, product liability programs, confidentiality, industry standards, educational outreach, equipment authorization, tax, custom compliance and legal strategy patent strategy, public policy, government representation, audits, international commercial and technology contracts etc.

Industry wise, IoT is bound to grow multifold in autonomous and e-mobility sectors, thereby requiring multi-tiered supply structure, application of telecom and media regulations, opportunities for information technology (IT) and media companies, cybersecurity in vehicles, payment models in cars, big data in automobiles, etc.

[youtube https://www.youtube.com/watch?v=r_Vwqg9eShw]
Internet of Things (IoT) Patent Attorney: Software Patent FAQs:

General Patent FAQs:

Rahul Dev is a Iot Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Flagship Speaking Engagements

Featured Publications

Tech Corp Legal – Indian Law Firm

[googlemaps https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3507.88539397242!2d77.09521831507855!3d28.45287098248909!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x390d18ca22d83b45%3A0x404751aa4136e3c4!2sTech+Corp+Legal!5e0!3m2!1sen!2sin!4v1475663101030&w=400&h=300]

Rahul Dev is a Patent attorney and Intellectual Property lawyer with 15+ years of experience in Software, Electronics, Medical Technology, Internet of Things and Digital Innovations in international markets (US, Europe, Asia Pacific and MENA region)

International speaker for events in Asia and Europe with global publications

Licensed to appear before Indian Courts (since 2010) and Patent Office (since 2007)

Highlights:

Set up and managed operations of IP consulting company in Singapore
Worked with top most corporate law firm in India
Set up and managed Patent Licensing and Research team for US headquartered cloud based pharma big data analytics solution provider in Healthcare
Worked as an associate with US patent law firm based in Fort Lauderdale Florida and New Jersey
Appeared and argued litigation matters before Delhi High Court and District Courts
Strong experience in working with startups and early stage technology companies during venture financing rounds
Certified Mediator and Negotiator for Civil and Commercial Disputes
Provided crucial litigation support for patent infringement lawsuits in US involving Chemicals, Pharmaceuticals, Virtual Reality and Digital Tech

Education:

BSc Electronics

MS Biotechnology, Bioinformatics and Genetic Engineering

LLB (JD)

MBA (Finance and IPR Management)

Certified “. Net Programmer”

Certified Mediator and Negotiator for Civil and Commercial Disputes

Mon:	9:00 AM – 6:00 PM
Tue:	9:00 AM – 6:00 PM
Wed:	9:00 AM – 6:00 PM
Thu:	9:00 AM – 6:00 PM
Fri:	9:00 AM – 6:00 PM
Sat:	9:00 AM – 6:00 PM
Sun:	Closed

Patent Business Lawyer in Asia

Software Patent Application Drafting Guidelines

Writing Software Patent Application

Software Patentability / Prior Art Patent Search

Patentability Search Results / Patentability Opinion

Advantage of Patentability Search

Software Patents in India – Laws, Cases, Granted Patent Examples – Copyright Protection

How to get Software Patents in India

Why are Software Patents not available in India?

Frequently Asked Questions (FAQs) on Software Patents in India

Are software inventions patentable in India?

Software Patents Granted in India

Software Patents Examples

How To Apply For Software Patents in India

Software Patent Cases In India

Software Copyright In India

What is meant by software copyright?

Overview of Indian Copyright Laws for Software Protection

Software Copyright In India

End User License Agreement – EULA

Drafting End User License Agreement – EULA

Types of Software License Agreements

EULA Clauses

Assignment of Software Copyright

Frequently Asked Questions (FAQs) on Software Copyright in India

How do you get a copyright for software?

Manual of Patent Office Practice and Procedure of Software Patents in India

Software Patent in India – Indian Patent Office Manual

Writing a Provisional Software Patent Specification to be filed before USPTO

Writing Software Patent Application

Tips For Writing Non-Provisional Software Patent Application

Step 1: Prepare rough flow diagram illustrating main steps of executing the algorithm.

Step 2: Prepare detailed flowcharts illustrating detailed steps along with determination steps as to what will happen if a particular transition step takes place.

Step 3: Software based block diagrams can be prepared to show more details for particular steps.

Mobile Application Patent Drafting

Guide to Software Patenting

Most important sections in a software patent application:

Best Practices to follow while writing Patent Claims:

How to get Patent for my Invention & Idea Globally?

How to Patent an Idea Internationally: Decide whether you need an International Patent for Invention

International Patent Attorney

International Patent Registration

How to Patent: Cost for Filing International Patents

Patent Research Attorney for Protecting Business Methods

Computer Hardware and Software Inventions

Indian Patent Office Procedure

Patent Examination Request in India

Patent Examination Procedure in India

Non-Patentable Subject Matter in India

Section 3 of Indian Patents Act

Software Patents in India – Best Practices

What is a business method patent?

Role of business method patent attorney

Business Method Patents: IPC G06Q

Is Your Business Method Invention Patent Worthy? Ask & consult your business method patent attorney today

Examples of Business Method Patents drafted by business method patent attorney

Technology Business Corporate Lawyers

How to Patent an Idea

Patent Attorney in New York

Technology Development in New York

Patent Strategy

Importance of Patents

Benefits of Patents

How to Patent an Idea

Patent Attorney in New York

Technology Development in New York

Internet of Things (IoT) Patent Attorney: Software Patent FAQs:

Tech Corp Legal – Indian Law Firm

IoT Patent Inventions

Enterprise and Industrial Aspects

Network

Data analytics

Data analytics

Autonomous

IoT – Applications and Examples

IoT Characteristics

Internet of Things – Legal Aspects

Freedom to Operate – Joint Patent Infringement

Data Privacy in IoT applications

IoT Patent Lawyers and Patent Attorneys

[youtube https://www.youtube.com/watch?v=r_Vwqg9eShw]
Internet of Things (IoT) Patent Attorney: Software Patent FAQs: