Q: Hello, How can I file a system design patent, for a cloud based software

3 Lawyer Answers

A: Well, you prepare a patent application and file it with the USPTO. You may need to hire a patent attorney to help you on this.

Marcos Garciaacosta agrees with this answer

A: It's a bit unclear from how you phrased the question, but thought I would add the following: If you're wondering about a design patent vs. a utility patent, I'm not sure you can get a design patent for software, since software may not be considered an article of manufacture. If you're exploring a utility patent for a "system design" used in cloud computing, I agree that you would do well to get an opinion from a lawyer whether such a system is patentable in the first place (the Alice decision may make it 101-ineligible). The patenting process is VERY difficult for the inexperienced, and hiring a lawyer to help you is a wise investment to ensure you don't waste time and money on USPTO fees. Pro se applicants often encounter difficulties in the patenting process. Good luck!

Marcos Garciaacosta agrees with this answer

A: Design patents are for ornamental, aesthetic elements.

You are probably thinking of the interface and user interface.

If you are thinking of a utility patent, it is difficult for software.

You definitely need to get a consultation with an attorney to understand better your options.

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