Can I get patent for software application in Europe? How much it will cost?
The software could be protected by means of copyright as well as patents: Copyrights are straightforward and the simplest form of protection for the software code or source code
There are some advantages for copyright protection :
- It is much simple to protect software code by copyright
- Copyright is done as soon as the work is created
- a long period of protection ( life of the author plus 50 years)
But, copyright provides very limited protection to the software!!!
By its nature, the copyright is meant to protect the expression of the work!!! And not the concept behind the expression, procedures or methods, in many cases the idea behind the software code is an important asset to the business which can only be protected to an appropriate extent by means of patents. Hence the importance is given to winning a patent for the software!!!!
In most cases the software can be only minor part of the invention; it could be used with the hardware to perform certain functions which could be the solution to some technical problem!!!
In some cases, the software code is the instructions given to the microprocessor or microcontroller so as to enable it to perform a certain function which is solving some technical problem (the inventive step). And the solution is novel, non-obvious, and useful, in such case that software can be the patentable subject matter.
The main inventive step may also lie in the system or apparatus or an algorithm or the method etc… and software maybe just a part of the invention.
Any invention (including software invention) to be able to be patentable must meet the following criteria’s:
- invention is a patentable subject matter;
- the invention is capable of industrial application (or, in certain countries, be useful);
- it must be new (novel);
- it must involve an inventive step (be non-obvious); and
- The disclosure of the invention should be enabling.
to know more about costs read the section about cost of getting patent in Europe and the procedure
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.