I want to patent computer software in Europe. What do I tell client?
Quote from angrymama77 on June 16, 2022, 10:45 amI have here a US patent application for a piece of software. Can I file it right away at the European patent office, claiming the US priority?
I have here a US patent application for a piece of software. Can I file it right away at the European patent office, claiming the US priority?
Quote from Martin Schweiger on June 16, 2022, 10:48 amfor preparing your patent application for filing at the EPO, please note that, in order to make the invention patentable, we have put in disclosure that makes the subject matter “technical”.
In short words: we must make sure that the reader perceives your invention as something that can drop on your foot. Using a computer for a method does not yet make your invention technical.
You are on the safe side if you comply with the common law requirements for patenting software, please read my article here https://ip-lawyer-tools.com/common-law-software-patent-applications-a-before-filing-checklist/
My experience is that US patent applications are below that standard on a regular basis. You should have at least one embodiment described to such a detail (input data, output data, and what happened to the input data step-by-step when it was morphed into the output data) that the interaction of the computer with the outside world becomes clear.
I have also an entire series of articles about patent computer software here on my website. Search for "software patent".