1 I am a senior programmer, now engaged in patent agency work, and have a relatively good understanding of software patents.
2 First, some software (of course not the software code, but the technical solution corresponding to the software) can be patented, but there are conditions.
Software that can obtain patent protection mainly includes (but is not limited to):
(1) Industrial control software, such as controlling the movement of mechanical equipment;
(2) Software that improves the internal performance of the computer, such as a certain software that can increase the computer's virtual memory;
(3) Software that processes external technical data, such as digital camera image processing software, QQ screenshot tool software.
It can be said that a considerable part of the software belongs to category (3).
Based on the above cases, if there are some technical improvements during the software development process, you can apply for a patent. Tencent has applied for about 1,800 patents (the number of patents that have been published), most of which are invention patents. Software generally needs to apply for invention patent protection.
Second, how to apply for a software patent.
If you do not have a deep understanding of patents (especially software patents), it is recommended to entrust a specialized patent attorney to represent you, which can better protect the software.
What the applicant needs to prepare is: clearly describe the technical solution, especially the improved technical solution.
Third, the application time. If you entrust an agency, different agencies will take different writing times. It usually takes about 2 weeks to 1 month. The authorization time is relatively fast at about 2 years.
Fourth, software can apply for patents or software copyrights. Patents provide stronger protection than software copyrights.
Software protects innovative ideas; software copyright protects source code and does not extend to innovative ideas.
Software needs to apply for an invention patent for protection.