West Monroe Patent Attorneys & Lawyers

Key Takeaways

• Patents are granted for inventions that are new, useful, and non-obvious.
• Eligible inventions must fall under defined categories: processes, machines, compositions, manufactured items, or new plant varieties.
• You cannot patent abstract ideas, natural phenomena, or laws of nature.
• Both improvements and new applications of known inventions may be patentable.
• To be granted a patent, your invention must be clearly described and fully enabled.
• Some software, business methods, and biotechnology innovations may qualify—but must meet specific criteria.
• Design and plant patents focus on aesthetic and biological uniqueness respectively, while utility patents cover function and structure.
• Timing is essential: prior public disclosure or sale can disqualify an invention.
• UpCounsel can connect you with a qualified patent attorney to help navigate the application process.

What Can Be P

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Key Takeaways

• Intellectual property (IP) for software includes copyrights, patents, trade secrets, and trademarks.
• Copyright protects the code itself, while patents safeguard the underlying processes or functions.
• Trade secrets offer indefinite protection if secrecy measures are maintained.
• IP management software tools help monitor, enforce, and renew IP rights efficiently.
• Common software IP risks include piracy, reverse engineering, and inadequate contract provisions.
• Agile development and collaborative environments require proactive IP ownership clarification.
• Global software IP protection demands understanding jurisdiction-specific laws.

What is Intellectual Property for Software?

Intellectual property for software is computer code or software protected by law under either a copyright, trademark, trade secret, or software patent.

Why Intellectual Property for Software Is Important

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Key Takeaways

• Provisional Patent Basics: A provisional patent application offers a lower-cost way to secure a filing date and establish "first to file" status under U.S. patent law.
• Not a Granted Patent: It does not get examined or lead directly to a granted patent; a non-provisional application must follow within 12 months.
• Delays Formal Process: It delays the start of the 20-year patent term, effectively giving you up to one extra year of protection.
• Less Formal Requirements: No claims, oath, or prior art disclosure required; however, the written description and drawings (if needed) must fully describe the invention.
• File Quality Matters: Poorly prepared provisional applications may cause loss of filing date if the non-provisional version is too different.
• Components: Includes a cover sheet, written description, opti

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Key Takeaways

• A patent grants exclusive rights to an inventor, protecting their intellectual property from unauthorized use.
• Before applying for a patent, ensure the invention meets eligibility criteria and conduct a thorough patent search.
• Filing a provisional patent application can secure an early priority date while you finalize your invention.
• The patent process can be complex, and professional legal assistance can improve the chances of success.
• The USPTO offers different types of patents, including utility, design, and plant patents.

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Key Takeaways

• The inventive step (or non-obviousness) ensures a patentable invention goes beyond routine development and is not obvious to someone skilled in the field.
• It is one of the three core patentability criteria worldwide, along with novelty and industrial applicability.
• Determining inventive step involves assessing whether the invention shows a technical advancement or economic significance beyond prior art.
• Standards for inventive step differ slightly between jurisdictions such as the USPTO, EPO, and PCT framework.

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