Copyrights protect the work that goes into writing the text of a software program. If someone likes your software, they can legally write their own version and compete with you. "Software patents" protect the new and useful functional steps performed by a software program, giving you ownership of any program that uses your patented calculation steps. This prevents competitors from marketing programs that do the same new things that your program does.

"Software patents" are of two types. First, a patent may be granted on a method comprising a set of steps carried out by the software, as long as the steps relate to real-world useful data as either input or output. For example, software that monitors data from a chemical process and sounds an emergency alarm under certain conditions is patentable subject matter, while an algorithm that converts decimal numbers to binary inside a computer primarily for the computer's purposes is not patentable subject matter. Second, a patent may be granted on a piece of hardware adapted to perform a series of calculation steps, as long as the steps relate to real-world useful data either as input or output. For example, a computer processor that is connected to sensors and an alarm bell, that is adapted to monitor a chemical process and sound an emergency alarm under certain conditions, is patentable subject matter even though the software required for it to function is only implied in the claim. Both method claims and hardware claims should be written for every software patent.

If the software enables an advantageous new method of doing business, a business method patent can provide an especially powerful form of intellectual property protection for software-implemented methods. Business method patents, like the first type of software patents, patent a novel set of steps performed in order to accomplish something in the real world. For example, the Netflix^TM business method patent (US6,584,450) patents the set of steps needed for renting objects by mail (such as offering a selection of objects, receiving a customer order, shipping the object to the customer, and shipping a second object after the customer returns the first object) using any software whatsoever.

Software that is patentable as method steps and hardware is frequently patentable as a business method, but many patent attorneys have not yet recognized the need for business method approaches to novel software. At Stoneman Law Offices, we typically write software patent claims as method steps, hardware, and business methods for each case. We have experienced software patent practitioners on staff who can perform expert patentability searches and who can prepare your software patent application with skill and creativity. All of our work is designed to discourage competitors, promote licensability, and protect your invention in court. As software patents are relatively likely to come under close scrutiny during licensing or infringement, it is very important to have them searched, prepared, and prosecuted by experts.

Unlike some other law firms, Stoneman Volk Patent Group typically does not charge for phone calls, client meetings, photocopies, etc. Stoneman Volk Patent Group prefers not to charge by the hour (unless special arrangements are made in advance). Instead, our firm prefers to estimate the work involved and give the client a fixed-fee quote before proceeding. Our clients appreciate knowing in advance exactly how much they can expect to be charged. Please see our Fees page for current typical costs, and please see our Issued Patents page for a few examples of issued software and business method patents that we have prepared and prosecuted for our clients.