How Much Does It Cost to Get a Software Patent?

Rich Goldstein

Founder & Principal Patent Attorney
Person typing in his laptop while 2 other monitors are hoisted on his table

Are you considering getting a software patent? If you are, it’s important to know that the cost of obtaining one can vary quite a bit depending on a few factors. Read on to learn more about patent applications, software patents, and everything you need to know about the patent process. It may seem like a lot of information to take in–which is why it’s best to meet with a patent attorney from Goldstein Patent Law early on in the process to discuss patent protection, legal fees, and other important criteria.

The complexity of your technology and software invention will play a role in determining the cost. If your software is relatively simple and straightforward, it may be easier and therefore less expensive to obtain a patent. On the other hand, if your software is highly complex and involves cutting-edge technology, it may be more challenging to secure a patent and could cost more.

The jurisdiction in which you seek a patent is another key factor. Patent laws do vary from place to place, and the cost and fees associated with getting a patent can vary just as much. For example, here in the United States, filing a patent application can cost several thousand dollars, whereas in some other countries, the fees may be lower.

Finally, hiring and working with a patent attorney or agent will also add to the cost of obtaining a software patent. While it is possible to file a patent application on your own, it can be a complex and time-consuming process, and the assistance of a professional can be invaluable in ensuring that your application is as strong and comprehensive as possible.

Long story short, the cost of obtaining a software patent can range from a few thousand dollars to tens of thousands of dollars, depending on the factors discussed above. However, it’s important to keep in mind that securing a patent can provide significant benefits, such as the ability to prevent others from using your technology without your permission and the potential to generate revenue through licensing agreements.

There may be other fees such as maintenance fees, government filing fees, USPTO fees, or an additional filing fee. To get the best idea of the total cost of your investment, talk to a patent attorney from Goldstein Law right away.

What Exactly Is a Software Patent?

Before you get your software patent, it’s important to understand all the terms that will be used in your application process. A software patent is a type of patent that grants the patent holder exclusive rights to a specific software invention or innovation. It is a legal protection that prevents others from making, using, selling, or importing the patented software without the permission of the patent holder.

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To obtain a software patent, the invention or innovation must meet certain criteria, including novelty, non-obviousness, and usefulness. The invention must be new and not obvious to someone skilled in the field, and it must have practical applications.

Software patents can cover a wide range of inventions and innovations, including algorithms, computer programs, user interfaces, and other types of software-related technologies. Some examples of software patents include patents for search algorithms, e-commerce platforms, and video game software.

What Are the Benefits of Having Software Patent?

Obtaining a software patent can provide many benefits for the inventor. One of the main advantages is that it gives the inventor exclusive rights to their invention, which means that nobody else can use or sell it without their permission. This can help to protect the inventor’s intellectual property and prevent others from stealing their ideas. If you created a new user interface for a mobile phone application, for example, no one would be able to use that unique design.

Another benefit of having a software patent is that it can provide a competitive advantage in the marketplace. By owning the patent, the inventor can prevent others from developing similar products, which can give them a unique selling point and increase their chances of success. 

In addition, having a software patent can also help the inventor to secure funding and investment for their invention. Investors are often more willing to invest in a product that is protected by a patent, as it gives them greater confidence in the product’s potential for success. Even if your invention is “patent pending,” there’s a major appeal in creating and owning the legal rights to a software that is protected by the patent office.

Last but not least, a software patent can also provide a potential revenue stream for the inventor. They can license their invention to others, allowing them to use it in exchange for payment. This can be a lucrative source of income, especially if the invention is highly innovative and in high demand. 

Patenting software can provide many benefits for the inventor, including protecting their intellectual property, providing a competitive advantage, securing funding and investment, and potentially generating revenue. But first–you need to talk to a patent lawyer about the software patent process, patent costs, and the patent application process.

Not all law firms are skilled in handling a design patent, utility patent, food patent and other intellectual properties–but ours is. Read on to learn more about filing patent applications for your software, and what to expect when working with a patent lawyer.

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How Do I Know if My Software Is Eligible for Patent Protection?

If you’re wondering if your software is eligible for patent protection, a patent attorney can help. They’ll look at your invention and figure out if it meets the legal criteria for a patent.

First, they’ll check to see if your idea is new and not already patented by doing a patent search. Then, they’ll analyze if your invention is unique and not something obvious that anyone else could have thought of. Finally, they’ll make sure your invention is useful and can actually be used for something practical.

Once they’ve determined that your invention is eligible for a patent, they’ll work with you to create a software patent application that explains your invention in detail. This includes drawings and specifications that fully describe your invention, and claims that define what makes your invention different from other technology out there.

Patent applications can be complex, and there is a lot of important information that cannot be looked. It’s best to software patent application with a patent attorney by your side so you don’t run the risk of leaving out important information or missing any important filing deadlines.

Patent attorneys also do a thorough search of existing patents and publications to make sure your invention is different enough to qualify for a patent. This can be a lot of tedious, detailed work for the average person, so it’s best to work with a patent attorney who is familiar reviewing this type of material.

In summary, a patent attorney will analyze your invention to see if it meets the legal requirements for a patent, and work with you to create a strong patent application that explains your invention in detail. Attorney fees do apply, so schedule an initial consultation with a patent attorney right away for a better idea of the cost of this investment.

What Is on the Software Patent Application?

A software patent application typically includes several key components:

  • Title: The title should accurately and concisely describe your invention.
  • Abstract: The abstract is a brief summary of your invention, typically no more than 150 words. It should provide a clear and concise overview of the invention and its key features.
  • Background: The background section provides context for the invention, including the problems or challenges that the invention seeks to solve or address. It should also include a description of any existing technology or solutions in the field.
  • Summary: The summary section provides a more detailed overview of the invention and its key features. It should describe the specific technical components or processes involved in the invention.
  • Detailed description: The detailed description is the most important part of the patent application, and should provide a thorough and detailed explanation of the invention. This section should include drawings, diagrams, and other visual aids to help explain the invention. It should also describe how the invention works, including any algorithms or software code.
  • Claims: The claims section defines the scope of the invention and identifies what aspects of the invention are unique and patentable. The claims should be written in a clear and specific language, and should be supported by the detailed description.

What Is a Provisional Patent Application?

A provisional patent application is a type of patent application that allows you to establish an early filing date for your software without filing a full patent application. It gives you a year to prepare and file a complete software patent application, during which time you are permitted to use the phrase “patent pending” to let others know that you are seeking patent protection for your invention. 

Person typing in his laptop while 2 other monitors are hoisted on his table

Generally speaking, provisional patent applications are less formal and less expensive than full patent applications, but they don’t result in a granted patent. Instead, they serve as a placeholder while you work on developing your invention further and preparing a full patent application. In order to determine if filing a provisional patent application is best for you and your potential software patent, talk to our law firm. If a non-provisional patent application is best, we’ll point you in the right direction to getting the non-provisional application started.

What Is the Difference Between a Provisional and a Non Provisional Software Patent Application?

If you’re unsure which type of application is best for you, speak to a law firm before you start the process. Every software invention is different, so the type of patent application you need may differ from someone else.

The main difference between a provisional and non-provisional software patent application is the same as for any other type of patent application. A provisional application is a temporary placeholder that allows you to establish an early filing date and gives you up to one year to file a complete application. It’s less formal and less expensive than a non-provisional patent application, and it doesn’t require formal patent claims or an oath or declaration.

On the other hand, a non-provisional application is a complete patent application that is examined and reviewed by the patent office. It requires formal patent claims and an oath or declaration, and it can take several years to obtain a granted patent. Non-provisional applications are more expensive and complex than provisional applications, but they offer stronger patent protection and can be enforced in court.

When it comes to software patent applications, the process is the same as for other types of patents, but the technical and legal aspects of the application can be more complex. A lawyer or patent agent can help you navigate the process and ensure that your application meets the requirements of the patent office.

What Can I Expect When Working With a Patent Attorney?

Not all law firms are skilled and experienced in software patent law. By working with a specialized parent attorney on your software, food, or utility patent application, you gain the benefit of their knowledge and experience.

Working with a good software patent attorney can help you navigate the complexities of the patent application process and increase your chances of obtaining a strong patent that protects your invention. 

Here are some things you can expect when working with a good software patent lawyer:

Stacks of filed paperwork on a stock room

Thorough understanding of your invention: A good patent lawyer will take the time to fully understand your invention, its technical details, and its potential commercial applications. They will work with you to identify the key features of your invention and ensure that they are accurately and comprehensively described in the patent application.

  • Knowledge of patent law: A good patent lawyer will have a deep understanding of patent law and the rules and regulations of the patent office. They will be able to help you navigate the patent application process, ensure that your application meets the requirements of the patent office, and respond to any objections or rejections from the patent examiner. 
  • Clear communication: A good patent lawyer will communicate with you clearly and regularly throughout the patent application process. They will keep you informed of the status of your application and any deadlines or requirements that need to be met.
  • Attention to detail: A good patent lawyer will pay close attention to detail and ensure that all aspects of the patent application are accurate and complete. They will review the application multiple times to ensure that it meets the legal requirements for patentability and is presented in the best possible light.
  • Dedication to your success: A good patent lawyer will be dedicated to your success and will work tirelessly to make sure the process goes as smooth as possible and your intellectual property gets the protection it deserves.

How Do I Know a Patent Attorney Won’t Steal My Software Patent Invention?

It’s understandable to be concerned about the confidentiality of your invention when working with a patent lawyer. However, it’s important to remember that patent lawyers are bound by ethical and legal obligations to maintain confidentiality and protect their clients’ interests.

Under under Title 37 of the Code of Federal Regulation, rest assured that you are protected as the inventor thanks to attorney-client privilege. Plus, as professional patent attorneys, we will provide you with all the important legal documents necessary that prevent us from stealing or copying your software invention in any capacity.

Schedule a Consultation With a Software Patent Law Firm Today

If you’re thinking about seeking patent protection for your software invention, it’s important to work with a software patent lawyer who can guide you through the complex process. With our extensive expertise and experience, we can help you navigate the legal and technical aspects of patent law and ensure that your invention is protected as best as possible. 

Schedule your patent cost consultation with a software patent lawyer at Goldstein Law today. By taking this important step, you can gain a better understanding of the patent process, patent cost, and how all of this applies to your invention. Don’t delay, take action today and protect your software invention for the future.

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