This question is primarily directed at the required art of a computerized method patent. Say I am not a code writing software engineer but come up with a method or system of operation on computerized devices. I would be contracting a software engineer to develop the actual code that facilitates the methods and its operations. Is a written diagram of how the method operates that shows the actual concept and how it is deployed on computerized devices and how it differs from current operational methods an acceptable submission, or, is it required to submit the actual code the requirement as the art in the application submission? So in brief, in a computer method patent, is the description of the method or the actual code for the method the art that shows the intellectual concept of the method if the actual inventor of the method does not write actual computer code?


1 Answer 1


You do not need to provide code, but you must still describe the invention in enough detail that a person could implement it. The USPTO's guidelines (MPEP) provide, at § 2161.01:

Computer-implemented inventions are often disclosed and claimed in terms of their functionality. This is because writing computer programming code for software to perform specific functions is normally within the skill of the art once those functions have been adequately disclosed.

Usually, the requirement for sufficient description is met by providing a flow chart showing the necessary steps. This is usually complemented by some written description saying that the method of the flow chart can be implemented using instructions executable on a processor.

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