A patent protects an idea and gives an inventor the exclusive right to prevent others from making, using, or selling his or her invention for seventeen years after the patent is issued.
Most software patents fall under the category of processes.
In addition, the invention must be useful, novel, and nonobvious. Patents are awarded by the U.S. Patent Office. Under U.S. patent law, a patent will not be granted to an applicant unless the application is filed less than one year from the date that the invention was first sold or offered for sale within the United States. The patent will also be denied unless the application is filed within one year of the date the invention was described in a printed publication anywhere in the world. Under 35 USC section 287, a patent owner is required to mark goods embodying the invention with the patent number.