Custom Proprietary Software Needs A Patent

A patent is the right obtained by a patent holder to exclude/discourage others from exploiting their technological idea without proper authorization.  Hombolt will assist and guide you through this phase of the technology life cycle.  From basic research and development, applied research and development, demonstration, market development, and commercial diffusion; we will guide you through the process to get ownership of your technological innovation. 

To achieve a patent system, one needs to be aware of the socioeconomic turmoil the patent might create.  In layman’s terms, does the patent enhance social welfare?  Does it encourage the invention and the dissemination of information technologies?  Does it provide for the incentive of investment in the commercialization of new technologies that will advance social goals, increase economic growth, create jobs, etc? This aspect of the patent process can get wildly technical.  Many business owners who have phenomenal ideas may get denied if the potential ownership of their idea would create a monopoly and deter the creation of other ideas that would overall help economic growth. These are the criteria when evaluating if a patent is right for your custom proprietary software project’s technology.

1. The patent should encourage the development of new technology.  Often, business owners want to unconsciously build a monopoly that would push out any new business venture from developing any ideas that could coincide, complement, or enhance the technology they developed.  It falls back to the #1 rule: does my patent enhance the social welfare of everyone?
2. Does the patent reward inventions that meet statutory tests of novelty and utility?  This is known as the “non-obvious” standard.  If a patent cannot be carried out, meaning nothing will be gained and the potential for a devastating loss by granting the patent would in turn create a monopoly.
3. The description of the patent and its functions need to be clear, complete, fully accessible and disclosed.  There should not be any deterrents to consulting the patent or any of the technical literature.
4. The cost should be reasonable and proportionate. Imagine going through the patent process and finding that your patent is being challenged for infringement.
5. When one technology builds upon another, and/or previous discoveries or inventions are required due to a single patent not possessing the ability to cover the entire scope of any single entity, it is a must that the patent must reasonably give broad access to patent inventions.  This goes back to the #1 rule that a patent must enhance social welfare.  Access is dependent on:
   1. The ability of reasonable termed licenses
   1. The scope of patent claims
   1. The complexity of the patent

The technology must be developed for access to be an issue.

• If the technology is in an industry where a significant share of the sales are sold internationally, the compatibility of the national patent technology must facilitate trade, investment, and innovation.
• Intellectual property rights holders should enjoy the same benefits while being required to adhere to the same obligations.  If multiple companies are interdependent with one another and hold patents that for example complement one another, the playing field between must be level.

These parameters that are created in the patent process are not obvious to most who wish to pursue the next big technological idea.  However, they are very manageable.  With the proper forethought moving forward to develop the idea, paired with making sure the legal aspects of bringing your idea to reality, Hombolt can help you develop the custom technological solution for you and your company to make the next big step in the digital modern world.