One of the things that makes protecting computer related inventions tricky is that first you have to define the invention, and defining the invention is not something that is altogether easy when the invention is a computer process or relates to software. Sure, it is easy enough to define a list of desired functionality, and if you have some computer programming skills it is easy enough (after investing the requisite time) to write the code that will enable the functionality, but that which can be protected via patent lies somewhere between the desired functionality and the code, making the defining of the invention rather elusive.
As I wrote in a blog post a couple weeks ago titled Writing Software Patent Applications, a patent does not have to be a blueprint, but it must direct. What this means is that you do not have to provide micro-level details, but rather you need to be able to describe how a computer programmer would be able to get from point A to point B, with point A being a list of desired functionality and point B being the code that enables the functionality. So that which is patented is not found either at point A or at point B, but in between. The exclusive rights that will flow from a patent that protects computer processes will describe the journey from point A to point B.
I have done a lot of research on the patent process and believe using the Invent & Patent System will be most helpful at this point. Also at what point do I need to have a patent search done and what needs to be submitted for a search.
I am new inventor. I have a couple of products that are new . The problem is that I have no idea where to start other than a patent.
ANSWER:
We do hear this from inventors a lot, but I have spent my career working with independent inventors. There is a road map that you can follow to move forward if you are interested. Doing so will take time and money, but I can help you do it in an economical and sensible way if you are interested.
The first step is typically to file a patent application. I recommend provisional patent applications, and for what it is worth I file provisional applications on my own inventions (yes I am an inventor too). When done properly it provides you tremendous benefit for a reasonable price. You will eventually need to file a nonprovisional patent application (best to think of it as a regular patent application) but the provisional application gives you benefits. A provisional application will freeze in place your filing date for 12 months, which means that when you later file a nonprovisional patent application it will be entitled to the filing date of your provisional application, at least with respect to whatever you disclose in the provisional application. So if you do a conscientious job describing your invention in the provisional a later filed nonprovisional application, which will hopefully ultimately mature into an issued utility patent, will be entitled to be considered filed as of the provisional filing date.
As I have previously discussed in several posts (see PTO Kills Invention Promotion and Patent Self-Help Now More Difficult), on August 14, 2008, the United States Patent & Trademark Office profoundly changed the rules that govern what patent attorneys and patent agents may do when working with independent inventors who are seeking advice but not full representation. In a nutshell, the Patent Office has decided that patent attorneys and agents can no longer provide limited consulting to inventors, but rather if an attorney or agent provides specific advice/assistance with respect to a patent application the attorney or agent giving the advice must also file the application on behalf of the inventor. The importance of this is that inventors will no longer be able to merely seek the advice of patent attorneys or agents to review what they have done on their own. These new rules will go into effect on September 15, 2008.
On August 14, 2008, the United States Patent & Trademark Office decided to profoundly changed the rules that govern patent attorneys and patent agents may do when working with independent inventors who are seeking advice but not full representation. In a nutshell, the Patent Office has decided that patent attorneys and agents can no longer provide limited consulting to inventors, but rather if an attorney or agent provides specific advice with respect to a patent application the attorney or agent giving the advice must also file the application on behalf of the inventor. The importance of this is that inventors will no longer be able to seek the advice of patent attorneys or agents to review what they have done on their own. These new rules will go into effect on September 15, 2008. For more on the rules see PTO Kills Invention Promotion Business.
Effective October 2, 2008, the United States Patent Office fees will once again be changed, which is a yearly or bi-yearly event. The filing fee to the Patent Office for an individual inventor or a small company that qualifies for small entity status (i.e., companies with fewer than 500 employees) is now $165.00. For those who are familiar with the fee structure prior to December 8, 2004, you will remember that the filing fee for small entities was formerly $395.00. It would, however, be a mistake to believe that the Patent Office has decreased its fees in such a significant way. The Patent Office has always like to charge a la carte fees, and now they have taken that tendency to new heights. In addition to the basic filing fee the patent fee legislation enacted on December 8, 2004, requires payment of a Search Fee ($270 for small entities) and an Examination Fee ($110 for small entities). Therefore, the total fee due to the Patent Office for a small entity to successfully launch a non-provisional utility patent application is $540.00. It is also important to realize that this initial fee covers 3 independent claims and 17 dependent claims. If you have more claims it costs more.
How to Write a Patent Application is a must own for patent attorneys, patent agents and law students alike. A crucial hands-on resource that walks you through every aspect of preparing and filing a patent application, from working with an inventor to patent searches, preparing the patent application, drafting claims and more. The treatise is continuously updated to address relevant Federal Circuit and Supreme Court decision impacting patent drafting.
One of the things that makes protecting computer related inventions tricky is that first you have to define the invention, and defining the invention is not something that is altogether easy when the invention is a computer process or relates to software. Sure, it is easy enough to define a list of desired functionality, and if you have some computer programming skills it is easy enough (after investing the requisite time) to write the code that will enable the functionality, but that which can be protected via patent lies somewhere between the desired functionality and the code, making the defining of the invention rather elusive.
Effective October 2, 2008, the 
