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Software development is a highly valuable task that needs time and effort. It involves lots of research work and a lot of coding. Apart from this, the entire software development process may also need enormous investment.
So, it would be best to patent your system's software and associated hardware components as soon as you develop them. Though the patent has no role in making your mobile software successful, it gives you ownership of your algorithm, software and prevents its misuse.
Apart from this, patents also protect your software regarding how it works with the hardware components. As far as the software code is concerned, it cannot be patented. However, you can get a copyright for the code.
So, if you are applying for a patent for your software, you need to consider the following factors.
It would be best if you have a clear goal for filing a patent application. Whether you want to use your software in products or wish to protect your idea to license/ sell. You can commercialize your invention in various ways, and you can protect your ideas by filing a patent.
You need to know the fact that mobile software may have limited lifespan. The impact of these applications may be for few years. The lifespan can be much shorter, especially for specialty applications, which are not used regularly. A patent process may take 2-3 years to get a granted patent. So, if you think your software and basic idea include the potential to last for several years, then you should plan to apply for a patent.
The market is flooded with many software applications. You should be aware of the market demand of such application and existing competition compared to the software application which you have developed. This will help you to take right decision. If you believe, your idea and the associated mobile application is going to be a big differentiator in the market, and it is going to last for several years then you should file for IP protection through patents or copyrights.
You need to understand the value of your application not only from the commercial standpoint but also what kind of value it can bring to your business or society. Every application is not valuable from a commercial point of view, but it may have great value for you or for society. Patent protection may be expensive, and you need to decide if you need to protect it from using or misusing by others.
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35+ Y | M.S. (Electronics) | Ex-GE | Ex-Lockheed Martin | Ex-Northrop Grumman
Jason has 35+ Years of Combined Technical & Legal Experience,
where Jason has worked for several Fortune 500 organizations
including General Electric, Lockheed Martin & Northrop Grumman.
Jason has drafted more than 150 patent applications and prosecuted
over 200+ office actions with a 90% patent grant rate in the areas
of Electronics, Software and Electrical Technologies for Fortune 500
Jason holds a Bachelors and Masters of Science in Electrical Engineering from George Mason University and has completed his MBA from Colorado State University.
15+ Y | Ph.D. | Ex-GE | IIT Kanpur Alumni
Anand is a Technology Analyst with 15+ years of experience in the Technology & Patent Domain. Over the years, he has gained immense hands-on experience in consulting Technologists & In-house R&D Teams of Fortune 50 organizations for developing, protecting & licensing innovative proprietary technologies. He has worked onsite/offsite extensively with global teams of attorneys, technologist & business leaders across many jurisdictions such as US, Europe, Canada, China, South Korea, Singapore & Middle East. He holds Masters(Integrated) in Chemistry & Ph.D. in Materials Science both from Indian Institute of Technology(IIT), Kanpur, India.
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