If you have a software-based invention, you might be wondering how to find the right patent attorney for your needs. After all, software patents are not easy to obtain. To make things worse, an incorrectly drafted application will most likely result in your patent very difficult to enforce. Software patents require a technical and legal expertise to draft and defend. Finding a software patent attorney who knows how to code and understands the technical aspects of your invention is thus imperative.
Why You Need a Software Patent Attorney Who Knows Coding
Software patents are among the most complex and challenging types of patents to get and protect. They often involve abstract ideas, algorithms, business methods, and user interfaces that are hard to define and describe in clear and concise terms. Moreover, software patents face a high level of scrutiny and rejection from the USPTO and the courts, especially after the landmark Alice v. CLS Bank decision in 2014 that tightened the standards for patent eligibility of software inventions.
One therefore needs a software patent attorney who can navigate the legal and technical hurdles of patenting software and craft a strong and persuasive patent application that meets the requirements of novelty, non-obviousness, usefulness, and subject matter eligibility.
Here are some reasons why a software patent attorney who knows coding can help you with this process:
- They can communicate effectively with you and the patent examiner. They can understand your invention and its technical details, as well as translate them into clear and precise patent claims and specifications. They can also anticipate and address potential objections and rejections from the patent examiner, who is likely to have a technical background in computer science or engineering.
- They can help you avoid common pitfalls and mistakes that can jeopardize your patent rights. For example, they can help you avoid disclosing too much or too little information, using vague or inconsistent terminology, or claiming features that are already known or obvious in the prior art.
- They can help you protect your intellectual property rights in case of infringement or litigation. They can conduct a thorough prior art search to assess the validity and scope of your patent claims, as well as identify potential infringers and competitors. They can also advise you on the best strategies to enforce your patent rights, such as sending cease-and-desist letters, negotiating licensing agreements, or filing lawsuits.
- They can also defend you against infringement allegations or invalidity challenges from other parties. They can analyze the accused products or processes and compare them with your patent claims, as well as present technical arguments and evidence to support your position.
How to Find a Software Patent Attorney Who Knows Coding
If you are looking for a software patent attorney who knows coding, you need to do some research and due diligence before hiring one. Here are some tips to help you find the best software patent attorney for your needs:
- Look for a software patent attorney who has experience in handling software patents for various industries and technologies, such as mobile apps, SaaS, cryptocurrency, AI, etc. You can check their website, portfolio, testimonials, reviews, or case studies to see their track record and success rate.
- Look for a software patent attorney who has a technical background or education in computer science or engineering. You can check their credentials, certifications, publications, or awards to see their level of expertise and knowledge.
- Look for a software patent attorney who can evaluate your invention. You can use this opportunity to discuss your invention and goals with them, as well as ask them any questions or concerns you might have. You can also get a sense of their communication style, personality, and professionalism.
- Look for a software patent attorney who charges a flat and reasonable fees, and/or one that offers flexible payment options. You can compare different software patent attorneys based on their fees, services, quality, and value.
Conclusion
Software patents are valuable assets that can give you a competitive edge in the market and protect your innovation from being copied or stolen. However, obtaining and enforcing software patents is not an easy task. You need a software patent attorney who understands coding and the technical aspects of your invention. They can help you draft a strong and persuasive patent application, communicate effectively with you and the patent examiner, and protect your intellectual property rights in case of infringement or litigation.