First, how to apply for a patent?
First of all, a patent must be applied to the Patent Office before it can be obtained, so it must be actively applied.
Secondly, the software application describes the idea of the software (it must be in the form of technical scheme), mainly the content of your software flow chart. The patent does not specify which language to use and what specific sentences to use. After authorization, others adopt the idea, which may constitute infringement. Therefore, the protection of software patents is much stronger than the protection of software copyright.
Second, when to apply for a patent?
First, in terms of time, after the software requirements are determined, we can consider applying for software patents in the process of software development. Many enterprises only consider applying after the products are made. In fact, mature Internet companies at home and abroad put patents first and products last.
Second, outsourcing and writing legal documents such as patents are very troublesome for non-patent practitioners, and the subsequent submission process and maintenance process are also very troublesome. Therefore, it is suggested that enterprises should not try to let technicians with little knowledge write patents, and what they write is worthless and can only waste costs. A better way is to entrust it to a reputable intellectual property company.
Judging from the current development at home and abroad, Europe, America, Japan and other countries have successively revised their patent laws to facilitate software patent applications. I believe that the relevant laws in China will also be revised in the near future.