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Is a working model required?

topic posted Wed, August 15, 2007 - 11:32 AM by  Paul
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As an aging programmer, I must admit --it's a real challenge keeping up with the all the latest languages. Now I'm learning Ruby on Rails, but it's slow going. I was telling a friend how I had this great idea for a very simple software patent, but couldn't apply for the patent until the web application was done.

They suggested something quite STARTLING-- that I apply for the patent first, then once my idea was protected, I'd be in an ideal position to get an investor or two to hire some programmers, which would move the whole project along much faster.

Actually, it is a very simple concept, for a new business model. I CAN certainly write out the whole concept in less than ten pages, including flowcharts, sample screens, and complete specifications so that any programmer could write the application. It would be an entire blueprint..

Could such a document be provided to a patent attorney to file for a patent?

Or must I have a working model? And if so, does it have to be publicly available?

Thanks for you help on this. I'll keep you posted on my progress.
posted by:
Paul
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  • Re: Is a working model required?

    Wed, August 15, 2007 - 1:40 PM
    You need to be able to write a sufficiently detailed patent application that one skilled in the art can make and use the invention that you want to claim. (i.e., specifying a goal without teaching how to achieve it isn't sufficient).

    That doesn't necessarily entail having actually made a working model by the time the application is filed -- so long as someone reading your application can, without applying 'inventiveness' (crudely put), make a working model.
    • Re: Is a working model required?

      Thu, August 16, 2007 - 2:26 PM
      Thanks Alchemist for your quick answer.

      AND GARY!! Thanks for explaining all the details. I've very excited about this. Suddenly a huge roadblock has been removed.

      My next step is to write up my design. Then I'll have some questions about selecting a patent attorney.

      My thinking is to go with someone who has a track record of being awarded software patents. Once before when I was looking for a patent attorney. I know it's possible to search the patent database by attorney name.

      I'll also need another attorney to set up a corporation or LLC. Maybe there's some kind of online service that specializes in virtual corporations. That would be nice.

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