Ensign Advanced Systems asked us to submit a patent application for their new software.

Background

The software has been developed to solve a specific problem faced by contractors in the construction industry. Contractors receive drawings for a new building that has been designed and are asked to provide a cost estimate for their work.

However, the drawings that they receive often don’t include a list of all the components with a quantity for each, which is information a contractor will need to prepare their estimate.

When a contractor has the Ensign software, they can upload a drawing in any format, and the software identifies and counts all of the components. Even if the drawing has been scanned in from a printed document, the software can still distinguish between the parts and provide the list of components with the quantities being used.
 

The challenge

There are some items that can’t be patented, and one of those is “software that has a ‘non-technical’ purpose”, as explained on the gov.uk website [ref 1, footnote 1].
 

What we did

We have long experience in writing patent applications in a way that brings out the technical aspects of software.  Doing so requires an understanding of what the software does, how it works, and how that provides a meaningful benefit to its users.

Doing so makes it easy for the patent examiner to see that the software is eligible for a patent – subject of course to the usual requirements that is it new and inventive.  In this case, we were able to zero in on the steps taken by Ensign’s algorithm which extracted useful information from the drawings that was not immediately apparent. 

 

The outcome

The UK Intellectual Property Office has now confirmed that the application is approved for grant.  Grant of a patent should take place shortly (as of the time of writing), meaning that the client’s software can’t be copied by competitors in their market.

 

References

1 https://www.gov.uk/patent-your-invention

Footnote

1 The website goes on to suggest seeking professional advice (eg from a patent attorney) if looking to patent computer software.

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