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How to Draft a Software Patent

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    • 1). Search the patent databases of issued patents for the proposed software patent to ensure that it has not previously been patented.

    • 2). Complete the Declaration for Utility or Design Patent, entering information such as name, address, phone number and invention title.

    • 3). According to the guidelines of U.S. Code 35, Section 112, describe the software.

    • 4). If it would benefit the software's explanation, create drawings, such as screen shots, that show the software's output. These drawings should be done in compliance with U.S. Code 35, Section 113.

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