If the software or business method invention does not include a particular machine or involve a transformation, it is possible that the invention could still be patentable, but the current laws somewhat disfavor these types of inventions and a patent may be difficult to obtain.
TYPES OF PATENTS AND LENGTH OF PROTECTION
The type of patent described thus far is known as a utility patent. The term of utility patents was changed after passage of the General Agreement on Tariffs and Trade (GATT) as follows: 1. For utility patents filed on or after June 8, 1995: Term of twenty years from the date of filing. However, see further details below. 2. Issued and enforceable patents which issued prior to June 8, 1995: The term of these patents is automatically modified to the longer of: (a) twenty years from the date of filing or (b) seventeen years from the date of issue. 3. Issued and enforceable patents which issued prior to June 8, 1995: The term of these patents is the longer of: (a) twenty years from the date of filing; or (b) seventeen years from the date of issue. When calculating the twenty (20) year rule, if the application relies on an earlier filed application, then the earlier application’s filing date is used.
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