Patent Your Inventions - Software Application Platform

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Q: Is the USPTO considering methods to help independent inventors to enforce their patents in court? It is difficult for most independent inventors to handle the financial and legal requirements for patent cases?

Patent Inventions

Patent Q & A

Types of Patents

Software Application Platform

Contributed by USPTO

Q: For a "software application" patent, is it necessary to specify the intended end user platform or does the patent cover use on any platform?

A: When software is claimed as part of the claimed invention, the applicant does not need to specify the end user platform. There is an important distinction between copyright protection on software and patent protection for inventions that utilize software. Patent claims to a computer system which includes executable software can be made. In addition, claims to computer readable media are also statutory and eligible for patent protection. For further information see Examination Guidelines for Computer-Related Inventions which is available for download on the USPTO website:

http://www.uspto.gov/web/offices/com/hearings/software/analysis/computer.html.

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