Hello all. I have software ideas and I have a programmer that I can work with. I will give the idea and he will make the software. This person is half a world away. (A Very trustworthy person) How do I patent an idea for the software and should I do this before having the project started? I had one project completed by this programmer and what he did was send me a .pdf e-mail receipt that has the name of the software and that all of the rights to it were mine. Is this good enough? Thank you for any ideas.
You don't PATENT an idea. Period. And if you seriously think that PDF will hold up in court, sure, go ahead. Personally I wouldn't, but it's not my problem.
Yes you can patent a new software idea. Depending on where you live the laws differ but filing the patent will require quite a bit of time and money, assuming you are even successful. You have to ask yourself if it is worth your time, and whether or not your idea is even a new one.
Thank you for your reply MelogKnaj. It's just a simple piece of script code that will make the web master's life a little easier. When I see a piece of software for Internet marketing on the Internet, it usually has a good sales page and that person owns the script/software. (I, for example could not go out and sell that same piece of software, unless the rights were given me, to do so, by the owner). That tells me that there is a process for making me the sole owner of my script. I'm just trying to find out the correct process for obtaining the copyright for my script. On a side note: Sorry, I couldn't quite hear what you were saying Icheb. It only sounded like a bunch of cymbals going off in my ears. Let me guess... Obama For King???
It is important to note hear the copyright and patent are two very different things. Copyrighting something is much much easier than patenting it, and it sounds like copyrighting it is what you really want to do. To copyright your script all you need to do is put it in a tangible form (webpage, file, etc). Many people also add a © Copyright 2008 Organization name, but doing so is not required. If you want to go a step further than that you can also register it officially with the copyright office for a small fee. hope that helps.
That's exactly what I was needing to hear MelogKnaj. Thank you for your reply. I'll download the forms from the Library Of Congress Copywrite Office and send it, along with a disk with the file on it and instructions for use. I'll also send the code in word format. Thanks again.
if the software script allows for a new function you invented within the last year, it could be patentable too. keep all of your notes and emails etc...
That's a good heads-up, Essociate. Thank you for your reply. As a rule, I do try to keep all of my emails and correspondence between myself and my programmer.
I see that there are different copyright forms for different documents with the Library Of Congress. Do you have any suggestions on where I might find one for copyrighting a software script. I don't really want to pay for a so-called "Kit". I'll never know just what I'm getting or who I'm giving my information to, if you know what I mean. Any suggestions?
You need to read Circular 61 "Copyright Registration for Computer Programs" http://www.copyright.gov/help/faq/faq-forms.html#software
You don't even know what you want. Which is it, patent or copyright? And no, you CAN'T patent an idea. Otherwise, why don't pharma companies go out and say, hey, I want the idea of a cure for disease x patented. Then our competitors can not only not copy our drug, they can't produce drugs that are fighting the same disease! You can only PATENT the ACTUAL IMPLEMENTATION, NOT the IDEA. So stuff your bullshit where the sun doesn't shine.