Has your company recently developed a new software program? Read here for seven reasons why you should hire a software patent attorney.
Software-related patents comprised 63.5% of utility patents issued in the U.S. As companies invest resources in designing cutting-edge software, the need to protect these intellectual assets becomes essential.
While you may consider non-disclosure agreements (NDAs) in place, the risk of data leaks and unauthorized exposure persists. This is where patents come in handy. However, navigating complex patent laws can be challenging.
Luckily, hiring a software patent attorney can make all the difference. Below are seven reasons why your company should hire a software patent attorney. Keep reading to learn more.
1. Get Help With Complex Patent Laws
Navigating patent laws can be a daunting task, especially when it comes to software patents. Software-related inventions can be protected with patents. However, they must meet the same requirements as any other type of invention.
A software invention must be new and non-obvious. It must also describe the invention in detail, including drawings. Additionally, you should truthfully name the inventors of the invention.
Since the United States is now a first-to-file country, it’s crucial to file a patent application early. While the software itself isn’t patentable, software is effectively patentable if you draft a patent application in the right way.
Hiring an attorney can come in handy. They possess the knowledge and experience needed to navigate complex patent laws. Since patent law is always in a flux, they’ll ensure that your software is protected per the latest regulations.
2. Maximize Your Patent Coverage
Drafting a successful software patent requires meticulous attention to detail. Some key steps to maximize the breadth and depth of patent coverage include:
- Thoroughly understand the innovation as a problem-solution approach
- Prepare flow diagrams and system architecture to cover all aspects of the processes and hardware elements
- Draft patent claims covering all elements of the block diagrams ensuring proper synchronization
Ensure your patent application has the key steps. An ineffective patent application can have far-reaching consequences. It can create loopholes, making it easier for competitors to design around your patent. This can lead to cases of infringement without legal recourse.
This is why you need to work with a law firm experienced in drafting software patent applications. This helps ensure precision and clarity for legal protection.
3. Avoid Patent Office Rejections
Patent applications involve an encounter with patent examiners. This process demands meticulous compliance with legal standards. Sometimes you may face rejections due to ineligible subject matter and lack of novelty.
To avoid patent office rejections, consider working with a software patent attorney. They can help you prepare a robust patent application. This will help reduce the risk of rejection, streamlining the approval process.
4. Enforce Your Patent Rights
Designing software takes a lot of time and effort. It can be a loss if someone takes credit for your designs. To safeguard your intellectual property, you need to enforce patent rights. A patent provides exclusive rights.
It allows the software designer to control the use, sale, and distribution of their innovative creations. While obtaining a patent is essential, its true value lies in ongoing protection.
Lawyers can help you protect, license, sell, and enforce your software IP. They can use various legal tools such as:
- Patents
- Trademarks
- Trade secrets
- Copyrights
If anyone infringes on your rights, they can represent your interests in legal proceedings. This ensures that your exclusive rights are upheld. They will also help you hold potential infringers accountable.
5. Engage in Prior Software Design Searches and Analysis
Before filing a patent application for a software invention, conducting a comprehensive search is crucial. Thorough searches aim to evaluate the novelty of your software design. It also determines its eligibility for patent protection.
A software patent attorney can perform thorough novelty searches. They can use patent research software to manage the patent research and analysis process. Your lawyer can also access various patent databases, such as Ambercite for searches.
Patent attorneys can also provide consulting services for strategic patent analysis. From valuation to due diligence, they will help you cover the entire IP lifecycle. In addition, they can provide insights that guide your patent strategy, increasing your chances of a successful software patent application.
6. Mitigate Legal Risks
Software designers often face legal challenges when developing innovative solutions. Some of the risks that you can face include:
- Infringement of intellectual property rights
- Non-compliance with data protection laws
- Breach of contract
- Unauthorized practice of law
- Legal disputes with customers or partners
Solving these issues on your own can be an uphill battle. This is why you should hire a software patent attorney. They can offer guidance on designing software with patentability in mind.
Patent attorneys will ensure compliance with data protection laws. They stay updated on the latest regulations, such as GDPR and CCPA. As a result, they can advise on compliance strategies.
Lawyers can also help in drafting and reviewing contracts. This helps ensure that your agreements are clear and enforceable. In case of a breach of contract, they can guide you through dispute resolution.
7. Proper Strategic Portfolio Management
Managing a portfolio of patented software can be challenging for software designers. You may have trouble distinguishing between technical software inventions and those that are only abstract ideas. What’s more, the legal landscape of patents is ever-evolving.
This can make it hard for you to identify the novelty in software and describe it precisely. To overcome these challenges, software patent attorneys can help. First, they will develop and implement a comprehensive patent strategy aligned with your goals.
They will also assess the competitive landscape and identify licensing opportunities. If you want to stay ahead in the market, a lawyer will help you strategically expand your patent portfolio.
Furthermore, they will help you draft patent specifications and claims. This will help you meet the patentability criteria. As a result, it makes the complexity of the patent process less time-consuming and costly.
Reputable Software Patent Attorney: Book a Consultation
Securing the rights to your software innovations is paramount. Hiring a software patent attorney will help you protect your innovations.
Need software patent legal services? Partner with Berkeley Law and Technology Group LLP. Our lawyers use cutting-edge legal trends for effective patent applications. Reach out to us today to book a consultation.