Questions tagged [software]

Patents about software algorithms, methods implemented via computer software, and software interfaces

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5
votes
1answer
450 views

Jurisdiction of a US patent?

Just read Top 10 (US) Patents for 2014 and spotted one that essentially covers a business process that's only really applicable outside of the US: Bank of America’s the Foreign Currency Solution (U.S. ...
7
votes
5answers
809 views

Prior Art for Onsite backup for internet-based data processing

Our startup is trying to provide a backup solution for Google Apps for your domain. In principle it's a software running on the client computer. Our software then connects to Google via APIs (GData) + ...
7
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2answers
6k views

How detailed should a provisional patent application be? (Software)

I am considering filing for a provisional patent which deals with mobile and web technologies. Now this is a method to do something. But how detailed do I go? Right now, I have something working in ...
6
votes
1answer
156 views

Can the developer of a free software be sued for damages because of an accidental patent infringement?

Assume that I created a free software that accidentally infringes on one or more software patents. Can the holders of these patents sue me for damages, even though I did not make any money from the ...
12
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2answers
644 views

Consequences of unwilful US patent infringment by a foreign legal entity when establishing US presence

Suppose the following situation: A company is incorporated in a country other than U.S.A., which does not allow software patents (e.g. EU member countries). This company produces an invention as a ...
16
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2answers
866 views

Can the non-obviousness of an invention be challenged if the difference to prior art is only the mathematical-statistical approach?

TL;DR Given a patent application describing a calculation using a maximum likelihood approach, and a piece of prior art that has the same goal but uses Monte Carlo simulation, is this sufficient to ...
8
votes
2answers
3k views

General knowledge on how software patent-infringement lawsuits are evaluated

Technically someone has to check the suspected software code, to see if it infringes a specific patent. But What if the suspect claims, that it is his companys own trade secret? are trade secrets in ...
3
votes
3answers
1k views

How Do I avoid being sued for patent infringement when publishing my mobile app?

I have created an app for use in mobile phones and I intend to make the app available for sale. From my research, there is no other app that looks like mine that I've heard of, there is an old ...
32
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4answers
2k views

What constitutes an original patentable idea in software?

We regularly hear a lot of news about software patents and how certain companies own or are buying gobs of patents in order to stave off potential law suits. What constitutes an original patentable ...
15
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2answers
765 views

What are the possible consequences of using software developed outside of the US that infringes a software patent?

Suppose I'm developing a software and I operate in the country that doesn't recognize Software Patents. I make my software available for users in several countries including the United States. What if ...
8
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4answers
559 views

Is Software Patentable?

I know there are many debates about it. Even in USA, a country very well known to be patent friendly, I'm still not sure if software is patentable. But how is the interpretation to allow software ...
15
votes
2answers
1k views

Prior Art for GoDaddy Patent Announcing a Domain Name Registration on a Social Website

DomainWire has announced that the USPTO has just issued a patent to GoDaddy that covers a method of announcing a domain name announcement on a social network. U.S. patent number 8,276,057. In my view, ...
8
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2answers
2k views

Are data structures patentable?

US7028023 seems to be a patent for a data structure (a variation on a linked list with an extra pointer to the item after the next item). Are data structures generally considered patentable, if so, ...
16
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3answers
1k views

Prior art for “Style and layout caching of web content”

Microsoft's application aims to patent: Methods and systems for style and/or layout caching of Web content are usable to build reusable style caching trees and cacheable layout calculations. Such ...
3
votes
1answer
48 views

is a provisional utility patent the way I need to go?

I want to protect my invention as soon as, and as fast as possible with a provisional utility patent for the software and hardware design, and then have 12 months to complete the claims, etc. for the ...
3
votes
1answer
144 views

Can I use examples in the Background section?

To make sure the Background section of my application conveys the novelty of my idea, can I provide an exemplary use case scenario within the Background section? Without it, I feel that the examiner ...
2
votes
3answers
375 views

How similar does non provisional and provisional patent have to be?

I prefer to not spend a lot of money before I see if it has any value so I would like to file a provisional patent on my own. The basic invention takes some data from inputs encodes it in a certain ...
8
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3answers
5k views

Can teaching methods be patented?

I plan to develop an open-source software application that speaks words in a foreign language while displaying pictures that represent the words. Can teaching methods (such as Rosetta Stone's language ...
7
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1answer
5k views

Software Patents: Claiming as a METHOD vs as a SYSTEM?

Software patents could be described in claims as methods or as systems. One cannot claim damages for infringement of METHODS until the method is used (e.g. when the software is run). But, one can ...
6
votes
2answers
1k views

Can patents on computer file formats be obtained?

Preface When talking about file formats (= data formats intended for files), it is easy to confuse the data format and the algorithm used to produce or decode this format. This is mostly due to the ...
6
votes
1answer
135 views

Scientifically invalid patents

This is going to be a weird question. I am an academic researcher. In my field there has been a key topic whose "accepted" solution has been known not to work since 1962. Nobody had been able to ...
2
votes
1answer
394 views

What parts of Bouncy Castle are affected by patents?

Given that Bouncy Castle is an Open Source project, it's entirely possible that the contents contains implementations protected by various patents. Since it's possible for the patent holder to sue ...
1
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1answer
207 views

Is there a statute of limitation on software patents?

Is there a statute of limitation on software patents? If there is a statute of limitation, when does the statute of limitation period goes into effect, is it after the release of the software that ...
0
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2answers
295 views

Idea for Software - Should I file Patent first

I have idea for software, yet I don't know how to write software. This software will be low-cost (large organizations) or free (individuals). Before getting someone to write software for me shall I ...