Can you patent software?
Yes. You can patent software. You may hear or read online that you can’t patent software, but don’t believe it. I do it everyday.
Can you patent an algorithm?
Yes. You can patent an algorithm. You may hear or read online that you can’t patent software, but don’t believe it. I do it everyday.
Now, you do have to know what you are doing. Software patent applications are complicated. In them, I describe the algorithm, support it with drawings and a written description and claim it in specific ways, but it absolutely can be done. All software is based on an algorithm of some type, and that algorithm can be patented.
What is a software patent?
A software patent is typically a utility patent, but can also be a design patent for features such as a transitional graphical user interface, etc.
Software Patent Examples
Here are just a few examples of software patents that I drafted and successfully prosecuted before the USPTO (U.S. Patent and Trademark Office)
Autonomous inspection system (Robotic and software)
Website visitor communication system with asynchronous one-way video channel
Object Location Using a Mobile Device
How to patent software
Patenting software is difficult and the legal requirements are a moving target. So, to patent software, you need the help of a software patent attorney (like me), who does software patent work everyday and is up-to-date on the latest guidelines, rules, laws and court decisions.
When to patent software?
Most software patent applications I work on are done before the software is completed. So, the best time to get started on the patent process is right away. You do not have to wait until the software is complete. In fact, that would be a bad idea because once the software is complete you want to get it into testing or on the market as quickly as possible.
So, you want to get the software patent process started even before you have any developers working on the code.
In fact, even if you do not know how to code or would need help from developers, I can still help you get your patent application prepared and filed so you will be patent pending. I do not need code to work from and I can translate your idea for a software application or mobile app into a patent application.