Legal Question in Intellectual Property in Canada

Re: How to get register patent for Programming Interface of specific design.

Software is protected by Copyright laws ONCE it has been created. Copyright does NOT protect the underlying idea but only the actual expression of the idea.

Under certain conditions, Patent Laws may be used to protect certain aspects of "software" based systems.

We can certainly assist you in securing Patent protection. We can also assist you in your efforts to market your invention(s).

If you do not file a patent application, you will not be protected in any country outside the US. Indeed, the right to a patent lies with the first person to FILE a patent application and NOT with the first inventor. In the US it is the opposite.

However, your invention must be at a stage where the "how it will be made" has been at least thought trough on paper. US laws require "reduction to practice" in order to be covered under their Patent Law. This does not include a purely intellectual concept.

Therefore it is preferable to file your patent application as soon as reasonably possible to do. You need to at least have drawings/sketches of your proposed invention and a written description of how it will work.

To the extent your idea relates to patentable subject matter, that it is new and non-obvious, it could be patentable. We will not be able to answer you until we understand what it is.

We could help you to obtain a patent for your invention should you decide to do so.

I recommend that:

1. You complete your reading of the enclosed patenting process description (in the event this has not been done already: http://www.brouillette.ca/brouillette/site/domaine/view.do?id=583bffad07df258c0107dfc6b6640049

2. You carry out a quick search on the USPTO and ESPACENET sites (See the �Resources� section of our site and more particularly the �IP:Patents� section for links to these and other sites): http://www.brouillette.ca/brouillette/site/groupeLiens/view.do?id=583bffad07df258c0107df6d34560011

3. You should also carry out a quick Google search to see what is actually available.

4. You call us to discuss the costs for drafting and filing (anywhere between $2,500 and $7,000) and the next steps.

Sincerely yours,

Robert Brouillette

5143976900

[email protected]