Mailing Codebase on CD

[efpatent]

This seems to be the rules on mailing a codebase for a software application on CD, it seems it needs to be on ASCII format.  The reason to mail a cd of codebase is to show that you know how to build your invention concept.

I am unclear if it needs to be in .txt format, or if you can send in the original codebase file format. For example, for python scripted software, the extension is in .py format.  To open it, the office would probably need to use special reader software, or perhaps can open in notepad but lose some of the formating.  Should it be in .txt format, or is specialized file format of the original codebase okay?  When they say you can provide specialized instructions for interpreting cd material, does that mean you can say you need to use xx program to open it, which you can download at xx.

How does providing software code work that is over a certain amount of lines where they ask you to send on cd?  Thank you!

References:

http://www.uspto.gov/web/offices/pac/mpep/s608.html#d0e51838

AND:

http://www.uspto.gov/web/offices/pac/mpep/mpep-9020-appx-r.html#d0e318327

Recordable (CD-R) in compliance with this paragraph. A CD-ROM is a “read-only” medium on which the data is pressed into the disc so that it cannot be changed or erased. A CD-R is a “write once” medium on which once the data is recorded, it is permanent and cannot be changed or erased.
(3)
(i) Each compact disc must conform to the International Standards Organization (ISO) 9660 standard, and the contents of each compact disc must be in compliance with the American Standard Code for Information Interchange (ASCII). CD-R discs must be finalized so that they are closed to further writing to the CD-R.
(ii) Each compact disc must be enclosed in a hard compact disc case within an unsealed padded and protective mailing envelope and accompanied by a transmittal letter on paper in accordance with paragraph (a) of this section. The transmittal letter must list for each compact disc the machine format ( e.g., IBM-PC, Macintosh), the operating system compatibility ( e.g., MS-DOS, MS-Windows, Macintosh, Unix), a list of files contained on the compact disc including their names, sizes in bytes, and dates of creation, plus any other special information that is necessary to identify, maintain, and interpret ( e.g., tables in landscape orientation should be identified as landscape orientation or be identified when inquired about) the information on the compact disc. Compact discs submitted to the Office will not be returned to the applicant.

[efpatent]

I see I should have posted this in another section of the forum, but am unable to move it.

Anyhow, if anyone knows with regards to mailing a software codebase on CD, and the formats it is okay for it to be in with regards to the question referenced above, your wisdom is appreciated.

Best,
Evan

[Brad]

Sorry Evan.  I just saw your post now.

To be honest I have never seen anyone file actual code with a patent application and I have probably been a part of 100+ software patents applications in the past.  Why exactly do you want to do this?  It is not required and may only hurt you (or at least let your competition see what you are doing).   You can certainly file some pseudo code or high level code to show how your software process works but I would be hesitant to file source code. 

[efpatent]

Hi Brad,

I actually was going to do this as part of the provisional patent, which I understand is never looked at and isn't accessible to the public, to offer additional protection in lieu of drawings.  I have limited ability to do diagrams for a 15 month codebase, also considering I'm not a developer (but hired one).

From what I've read, you can submit the codebase that will never be seen, and even put copyright notice on it, and then when the actual patent is filed, not include the codebase, which would be accessible to the public/competitors. At that stage, I would hope to have the budget to do a real professional patent with diagrams be done.

Does that make sense?

Also, I spoke with the software guy at the patent office, apparently txt files in ascii encoding (can be done in Microsoft Word) is the way to go. 

P.S. If I could do high level software code instead, I might, just I'm not a developer and they are expensive : )

'

[Brad]

I have seen some cases where provisional applications are accessible by the public online and the patent rules state that once your non-provisional is published then the public should be able to access your provisional (including attachments).

Flow charts or diagrams for your program are not that difficult to make.  You can even just make a numbered list of steps that your software goes through (very high level).  Even if you are not a developer you should be able to make some of these flow charts in a few hours time. 

Anyway, that would be my advice but if you think filing source code would be helpful then it may be worth a shot.

[efpatent]

Thank you. Is this what you might be referring to?

Exceptions to Provisional Patent Application Secrecy
http://www.neustel.com/Provisional-Patent-Applications/Are-Provisional-Patent-Applications-Published.aspx

"While a provisional patent application is never published by the U.S. Patent Office for the public to view or search, there are two situations when a provisional patent application will be made publicly available for inspection.  If a non-provisional patent application is filed claiming priority to the provisional patent application and the non-provisional patent application is either (i) published or (ii) granted as a patent, then the public may download a copy of the provisional patent application via Public PAIR or request a copy of the provisional patent application.  It is important to note that this is not publication of the provisional patent application and the provisional patent application cannot be publicly searched - the only access is provided by Public PAIR or a direct request from the public to inspect the provisional at the U.S. Patent Office."


I think this means if you get a patent on a non-provisional and have cited the filing date of your provisional patent, then someone can request a copy of the provisional?

[Brad]

Yes.  If your non-provisional links back to your provisional (most do) then the public can access your provisional but it is not easy.  They would have to use the special USPTO Public PAIR system to do this.