I have developed software which runs on a PC and accomplishes a
function. This function could be very useful if used on mobile phones.
Before trying to sell it to some mobile phone company, I would like to
protect it through a patent process that would cover international
market.
My question is: software that accomplishes a certain function can be
protected, but if somebody develops software on a different way; that
accomplishes the same function, is my invention protected?
Links to documentation that would allow me to answer this question is acceptable.

Thanks

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Request for Question Clarification by pafalafa-ga on 08 Jun 2005 08:32 PDT

Hey John,

Good luck with your software.

It's a bit hard to know what you're asking, but as a general rule, you
can patent a specific piece of software, but not the general 'idea'
behind the software.

That is, if you were the first one to think of a spreadsheet program,
you can patent your particular method for achieving a spreadsheet
program, but you couldn't restrict others from taking the overall idea
of a spreadsheet, and writing their own program for one.

Is that the sort of information you're looking for?

Let me know.

pafalafa-ga

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Clarification of Question by johndifool-ga on 08 Jun 2005 09:24 PDT

Hi,

In fact I'm looking for this kind of information.
But it is not encouraging.
Getting some reference on the subject where I can explore if my
specific project may have some chance to be protected could help
anyhow.
Thanks

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Request for Question Clarification by leapinglizard-ga on 08 Jun 2005 09:54 PDT

I respectfully disagree with my fellow researcher. You very much can
patent a software protocol, model, interface, scheme, or algorithm,
regardless of how any given instance of such software is implemented.
There are many, many such patents. Once you have persuaded the patent
office that the idea is original and non-obvious, anyone who knowingly
or unknowingly implements the same software idea is infringing on your
patent.

leapinglizard

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Request for Question Clarification by leapinglizard-ga on 08 Jun 2005 09:56 PDT

By way of an answer, I propose to give you four or five examples of
patents that cover a software protocol, scheme, or algorithm. Would
you consider that satisfactory?

leapinglizard

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Clarification of Question by johndifool-ga on 08 Jun 2005 10:03 PDT

Dear Leapinglizard

Thanks for your encouragement. Yes I am interested by your idea. Go ahead

Thanks again

Here is a variety of material that will aid you in assessing the
patentability of your invention.  You do not actually patent the
software (that is copyrighted).  What you are seeking to patent is the
function the software is performing.  This type of patent is referred
to as a method patent.

I have provided a variety of material below describing software
patents and how an invention qualifies as being patentable.  I have
written several software method patents myself, and I would be happy
to refer you to a patent attorney if you do not have a relationship
with one.  Before you disclose your invention to anyone, you should
consult with a patent agent or patent attorney so that your invention
will be protected.

Sincerely,

Wonko

"Software Patent Index" BitLaw (2000)
http://www.bitlaw.com/software-patent/index.html.  This web site
provides a detailed discussion of how the United States Patent and
Trademark Office views software patent applications.

"CPT's Page on Business Method and Software Patents" CPT (April 18,
2001) http://www.cptech.org/ip/business/.  This web site provides
numerous examples of software patents and commentary about them.

"Obtaining a Business Method Patent" Nolo (2005)
http://www.nolo.com/article.cfm/objectID/C2DBFF26-7097-4B7B-AE36DA00499851EE/111/277/167/ART/.
 This web site provides a basic overview of obtaining a business
method patent.

"Business Method Patents" By Ron C. Ben-Yehuda, Sidley Austin Brown &
Wood LLP (June 2000) http://www.sidley.com/cyberlaw/features/bm.asp. 
This web site provides a basic overview of obtaining a business method
patent.

Search terms: software business method patent