Peter Wayner
The number of software patents that the Patent Office issues is rising (see the figure ``Software Patents on the Rise'') as companies use this form of intellectual property law to protect their intellectual assets. Several companies have introduced products and services that can help a developer file a patent application or search for prior patents.
Electronic Data Systems (Plano, TX) recently announced a system that lets you search for the existence of patents by sending mail to spo_patent@spo.eds.com over the Internet. The system, called the SPO (Shadow Patent Office), includes a database of the complete text of patents issued by the U.S. Patent and Trade Office after 1972. You can search the database in various ways ranging from simple keyword searches to a more sophisticated approach called a concept
search, in which you enter an entire description of an invention. EDS offers specific text-only patents for $4.50 each.
EDS's service, however, is currently text only, and patents also have associated drawings and figures. After you have identified the patents that you want to examine, you can use services such as the one offered by SmartPatents (Menlo Park, CA): The company will send you the entire text--as well as associated illustrations--of specific patents on CD-ROM. SmartPatents' fee is about $100 per patent; that may sound expensive until you consider that a subscription to Lexis (Dayton, OH), the electronic legal research service, costs $125 per month, $46 per hour for connect time, and additional money for downloads and searches.
When you file for a patent, you need to include a statement of prior art that lists references that may have been published in a book or magazine that are relevant to the invention. Source Translation & Optimization (Belmont, MA) maintains a database of over 10
0,000 references to technical books, papers, and journals for patent searches. STO must perform the search services for now, but it may make the system available on-line through a service provider like Lexis/Nexis.
For people who want to avoid expensive patent attorney fees, EDS and Nolo Press (Berkeley, CA) have created an electronic version of David Pressman's, Patent It Yourself to help make it easier to file a patent application. The software will help you keep many of your application's details straight.
Each of these products can help many developers pursue patents for their creations while saving money on expensive lawyer fees and search services. They will also be useful to others who wish to avoid expensive R&D on a technology that someone else has already invented.
Figure: Software Patents on the Rise
Number of software patents issued by the U.S. Patent and Trademark Office in select years
Help for Patent Fever
