Some software can apply for invention patents. The degree of innovation needs to meet the standards and solve technical problems at the same time.
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I have been engaged in patent agency work 10 years. As my major is computer (I have passed the senior programmer's exam at school and have about one year's experience in software development), handling software-related patent applications is one of my specialties.
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Friends who don't know much about patents (especially whether software can be patented) generally want to know whether (1) software-related technologies can be patented. (2) If I can apply, how can I apply? (3) How long does it take to apply and authorize?
First, some software (not software code, of course, but technical solutions corresponding to the software) can apply for patents, but there are conditions.
Patented software mainly includes (but is not limited to):
(1) industrial control software, such as controlling the action of mechanical equipment;
(2) Software that can improve the internal performance of the computer, such as software that can improve the virtual memory of the computer;
(3) External technical data processing software, such as digital camera image processing software and QQ screenshot tool software.
It can be said that a considerable part of software belongs to the third category.
Combined with the above cases, in the process of software development, if there are some technical improvements, you can apply for a patent through examination. Tencent has applied for about 4,000 patents (the number of published patents), 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 don't know much about patents (especially software patents), it is recommended to entrust a special patent lawyer to protect the software better.
What the applicant needs to prepare is to describe the technical scheme clearly, especially the improved technical scheme.
Third, the application time, if the writing time of the entrusted agency and different agencies is different, it usually takes about 2 weeks-1 month. The authorization time is about 2 years.
Fourth, software can apply for patent or software copyright, and patent protection is stronger than software copyright protection.
The idea of software protection innovation; Software copyright protects the source code and does not extend to the innovation of ideas.
Creative software needs to be protected by applying for invention patents.