The process of obtaining a software patent is similar to obtaining a patent for any type of unique idea or creation. An individual must create documents that thoroughly detail his/her software. Before applying for software patents, an individual should consult with a patent attorney. Hiring a patent lawyer may be advantageous, as it will help an individual to ensure that all necessary procedures are complete.
The U.S. Patent and Trademark Office (PTO) have established very specific rules and regulations, which must be reviewed. An individual can subsequently complete the proper application forms. He/she will also be required to pay the specified application fee. Once the application is received, the PTO will review an individual’s petition for a software patent. It can take many months to a number of years for an individual’s application to be approved. If his/her software patent is denied, he/she can choose to appeal this decision.