# Cybersecurity patent attorneys for security startups

> Flat-fee cybersecurity patent attorney services for security software and hardware teams. Start with a $999 patentability search, refunded if it isn't patentable.

Page: https://arapackelaw.com/industries/cybersecurity/  
Title: Cybersecurity Patent Attorney for Security Startups  
Breadcrumb: [Home](https://arapackelaw.com/) / [Industries](https://arapackelaw.com/industries/) / [Cybersecurity](https://arapackelaw.com/industries/cybersecurity/)

We help you decide what to patent and what to keep secret, then protect it with claims written to clear the abstract idea test. One flat fee for each step.

- $999 patentability search
- No hourly billing
- Registered patent attorneys

## For the people who build security products.

From a founder with a new detection method to a vendor adding to its platform, the work starts the same way. Decide what is new and visible, protect it before a conference talk or a launch, and keep the rest secret.

- **Security software startups** Detection, response and identity products, protected before the first design partner, conference talk or funding round.
- **Cloud and network security teams** Access control, network monitoring and cloud security methods, claimed as improvements to how systems run.
- **Security hardware makers** Hardware security keys, secure elements and trusted computing designs, from the chip to the housing.
- **Threat intelligence and AI teams** Models that find attacks in traffic, logs and code, protected as the technical process they run.

## Four things worth protecting in security technology.

Security products carry more than one kind of protection, and some of the most valuable parts are worth more kept secret. A patent on how the system works, a design patent on how it looks and a trademark on its name each stop a different kind of copy.

### The method and how it secures systems (utility patent)

How your product detects, blocks or authenticates in a way that makes computers and networks work more securely. Claims are written around that technical improvement, not the security goal it serves.

- Threat detection and response
- Authentication and access control
- Encryption and key management
- Network and cloud security

### Security hardware (utility patent)

Secure elements, hardware keys and trusted execution designs, claimed by their structure and by the method they perform.

- Hardware security keys
- Secure enclaves and chips
- Tamper resistant devices

### The look of devices and consoles (design patent)

The ornamental design of a security key, an appliance or a console screen, protected for 15 years from grant.

- Keys and appliances
- Console and dashboard screens
- Icons

Covered by The RLG Guarantee (USPTO denies it, full refund).

### The product and company name (trademark)

Clear and file the name before it goes on the website, the data sheet and partner marketplaces, so the name buyers trust with their systems is one you can keep.

- Product and platform names
- Company names
- Logos

Covered by The RLG Guarantee (Approved, or your money back).

**Patent what shows, keep what doesn't.** Detection rules, signatures, threat data and server side models no one can see from outside may be worth more as trade secrets than in a published patent, which would show attackers how they work. Methods a customer or a competitor can see in the product are usually stronger patented. Your attorney tells you which on your first call.

## Search, provisional, utility. Flat fees at every step.

Every step is quoted before any work begins, and the search fee is credited when you file. Most security founders file a provisional before a conference talk, a public beta or a design partner rollout, then the full application within 12 months.

### Start here, Patentability search

**$999** flat fee. Patentable or your money back. Credited when you file. Report in about 5 days.

- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Not patentable, full refund).

### Then, Provisional patent

**$2,500 to $3,500** flat fee. . Patent pending the day it is filed.

- A strategy call to capture how the method works
- Drafted by a registered patent attorney
- You review and approve it before filing

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Patentability issues, full refund).

### Within 12 months, Non-provisional patent

**$7,000 to $12,000** flat fee. Drawings and USPTO filing fees included. Filed before your 12-month deadline.

- Claims written around the technical improvement
- Formal drawings and USPTO filing fees
- Complex platforms quoted flat on your call

Flat fee, not covered by the guarantee.

### Alongside the patent

- **Design patent, $3,200.** For a device or console screen, office actions included. Covered by The RLG Guarantee.
- **Trademark, $2,000.** For the product name, USPTO fee for one class included. Covered by The RLG Guarantee.

## Patent or secret. Decide before you disclose.

A patent publishes how your method works in exchange for the right to stop others using it. A trade secret keeps it hidden for as long as you protect it. The abstract idea test, export rules for encryption and your disclosure plans all shape which way to go.

### Patent, published and enforceable

1. **Search** ($999). Is the method new?
2. **Provisional** (File first). Patent pending, before the talk
3. **Full application** (Month 12). Within 12 months
4. **Published** (Public). 18 months from the first filing
5. **Granted**. Rights you can enforce

### Secret, hidden while you protect it

1. **Identify** (Inventory). Rules, data and models worth keeping
2. **Restrict access** (Reasonable measures). Need to know, logged access
3. **Agreements** (Use an NDA). Staff, partners and contractors
4. **Monitor** (Ongoing). Leaks and departing staff
5. **Protected**. As long as it stays secret

**File before the talk.** A conference presentation, a research paper, a public repository or a vulnerability write up can make a method public. The US gives you one year after your own disclosure, but most other countries do not. File at least a provisional first.

- **Better security can be patented.** The Federal Circuit has held that a behavior based virus scan (Finjan v. Blue Coat, 2018) and a way of checking software licenses in protected memory (Ancora v. HTC, 2018) were more than abstract ideas, because they improved how computers work. [How Alice changed software patents](https://arapackelaw.com/patents/alice-impact-on-software-inventions/)
- **Filtering alone is not enough.** Claims that only describe screening email or files on generic computers have been held abstract, as in Intellectual Ventures v. Symantec (2016). Claims that spell out the technical steps and the result they produce are on firmer ground. [Overcoming a 101 rejection](https://arapackelaw.com/patents/overcoming-101-rejection/)
- **Encryption has export rules.** Encryption software and hardware are controlled under the Export Administration Regulations, and many products need a classification or a report before export. Plan foreign filings and sharing with overseas partners with those rules in mind. [Filing patents abroad with the PCT](https://arapackelaw.com/patents/patent-pct/)

*General information, not legal or export control advice. The rules that apply depend on your product and where you sell it.*

## Services for cybersecurity companies.

One firm for the patent, the brand and the agreements around them.

- [Software patents](https://arapackelaw.com/patents/software-mobile-app-patent/) (Markdown https://arapackelaw.com/patents/software-mobile-app-patent.md). Protect the methods your product performs.
- [Provisional patents](https://arapackelaw.com/patents/provisional-patents/) (Markdown https://arapackelaw.com/patents/provisional-patents.md). Patent pending before a talk or launch. Covered by The RLG Guarantee.
- [Design patents](https://arapackelaw.com/patents/design-patents/) (Markdown https://arapackelaw.com/patents/design-patents.md). Protect devices and console screens. Covered by The RLG Guarantee.
- [Trademarks](https://arapackelaw.com/trademarks/) (Markdown https://arapackelaw.com/trademarks.md). Register the product and company name. Covered by The RLG Guarantee.
- [Patent office actions](https://arapackelaw.com/patents/patent-office-actions/) (Markdown https://arapackelaw.com/patents/patent-office-actions.md). Answer Alice and other rejections.
- [Non-disclosure agreements](https://arapackelaw.com/non-disclosure-agreements-ndas/) (Markdown https://arapackelaw.com/non-disclosure-agreements-ndas.md). Share with partners on your terms.
- [Privacy and data protection](https://arapackelaw.com/privacy-and-data-protection/) (Markdown https://arapackelaw.com/privacy-and-data-protection.md). Privacy policies and data terms.
- [Trade secret litigation](https://arapackelaw.com/ip-litigation/trade-secret-litigation/) (Markdown https://arapackelaw.com/ip-litigation/trade-secret-litigation.md). Protect the rules and models you keep secret.

## Before you file.

### Can cybersecurity software be patented?

Yes, when the claims cover a specific technical improvement to how computers or networks run securely, such as a new way to detect malicious code or to verify a device. A security goal on its own, such as blocking bad email, is treated as an abstract idea however it is coded. The patentability search shows where your invention stands before you file.

### Should I patent my detection method or keep it a trade secret?

If attackers and competitors cannot see the method from outside, such as rules, signatures or a model running on your servers, a trade secret keeps it hidden and lasts as long as it stays secret. A patent publishes how the method works, which can help attackers work around it. If the method shows in the product or could be reverse engineered, a patent is often the stronger choice. Many security companies use both.

### Will a patent application show attackers how my product works?

Most US applications are published 18 months after the earliest filing date, and a granted patent is public. The application has to describe the invention well enough for a skilled engineer to make and use it, but it does not need your live rules, thresholds or threat data. Deciding what goes in is part of the first call.

### How do I protect a trade secret?

By treating it as one. Under the Defend Trade Secrets Act, information is only a trade secret if you take reasonable measures to keep it secret, such as limiting access, using NDAs and confidentiality terms with staff and partners, and marking confidential material. If it is taken, trade secret litigation can stop its use.

### Should I file before presenting at a security conference?

Yes. A talk, a paper, a public proof of concept or a vulnerability write up can make the method public. The US gives inventors one year after their own disclosure to file, but most other countries require filing first, so a provisional before the talk keeps both options open.

### How much does a cybersecurity patent cost with your firm?

Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. Every fee is quoted before work begins, and the search fee is credited toward your application.

### What does The RLG Guarantee cover for cybersecurity?

The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.

## Your attorneys

- [Andrew Rapacke](https://arapackelaw.com/learn-more/the-team/andrew-rapacke/), Managing Partner, Registered Patent Attorney. Electrical and computer engineering. Former Naval Engineering Officer.
- [Ken Brooks](https://arapackelaw.com/team/ken-brooks/), Registered Patent Attorney. Software, AI and machine learning, electrical and mechanical systems.

Meet the team at https://arapackelaw.com/learn-more/the-team/

## Go deeper before you file.

- [The Aftermath of Alice and It’s Impact on Software-Related Inventions](https://arapackelaw.com/patents/alice-impact-on-software-inventions/)
- [Overcoming the 101 Rejection: A Strategic Guide to Patent Eligibility](https://arapackelaw.com/patents/overcoming-101-rejection/)
- [5 Examples of Trade Secrets and How They Fit into Your Intellectual Property Strategy](https://arapackelaw.com/intellectual-property/examples-of-trade-secrets/)
- [How to Prevent Employees from Stealing Source Code When Insider Risk Is Your #1 Threat](https://arapackelaw.com/patents/how-to-prevent-employees-from-stealing-source-code/)
- [How Software Companies Can Use NDAs to Protect IP Assets](https://arapackelaw.com/trade-secrets/how-to-protect-software-ip-nda/)
- [How To Identify Patentable Key Features in Your Software](https://arapackelaw.com/patents/softwaremobile-apps/identify-patentable-features-software/)

[All articles](https://arapackelaw.com/learning-center/)

## Other industries

- [3D printing](https://arapackelaw.com/industries/3d-printing/) (Markdown https://arapackelaw.com/industries/3d-printing.md). Printers, processes, materials and the products they make.
- [Aerospace](https://arapackelaw.com/industries/aerospace/) (Markdown https://arapackelaw.com/industries/aerospace.md). Aircraft, drones and spacecraft, protected before the first public flight.
- [AI and machine learning](https://arapackelaw.com/industries/ai-machine-learning/) (Markdown https://arapackelaw.com/industries/ai-machine-learning.md). Models, training methods and the AI features inside your product.
- [Autonomous vehicles](https://arapackelaw.com/industries/autonomous-vehicles/) (Markdown https://arapackelaw.com/industries/autonomous-vehicles.md). Sensing, navigation and control systems for vehicles that drive themselves.
- [Blockchain](https://arapackelaw.com/industries/blockchain/) (Markdown https://arapackelaw.com/industries/blockchain.md). Protocols, wallets and the technical methods behind decentralized products.
- [Computer hardware](https://arapackelaw.com/industries/computer-hardware/) (Markdown https://arapackelaw.com/industries/computer-hardware.md). Components, peripherals and the systems that tie them together.
- [Consumer electronics](https://arapackelaw.com/industries/consumer-electronics/) (Markdown https://arapackelaw.com/industries/consumer-electronics.md). Devices people carry and use every day, from how they work to how they look.
- [Consumer products](https://arapackelaw.com/industries/consumer-products/) (Markdown https://arapackelaw.com/industries/consumer-products.md). Everyday products and the brands on them, protected before launch.
- [Defense](https://arapackelaw.com/industries/defense/) (Markdown https://arapackelaw.com/industries/defense.md). Defense technology, planned around contracts and export rules.
- [Digital health](https://arapackelaw.com/industries/digital-health/) (Markdown https://arapackelaw.com/industries/digital-health.md). Telehealth, remote monitoring and health apps, built around patient data.
- [E-commerce](https://arapackelaw.com/industries/ecommerce/) (Markdown https://arapackelaw.com/industries/ecommerce.md). Online brands and Amazon sellers, from the trademark to the product itself.
- [Electrical hardware](https://arapackelaw.com/industries/electrical/) (Markdown https://arapackelaw.com/industries/electrical.md). Power electronics, controls, sensors, batteries and motors, from circuit to system.
- [Energy and clean tech](https://arapackelaw.com/industries/energy/) (Markdown https://arapackelaw.com/industries/energy.md). Batteries, solar, storage, charging and the grid, from the cell to the system.
- [Fintech](https://arapackelaw.com/industries/fintech/) (Markdown https://arapackelaw.com/industries/fintech.md). Payments, lending and trading technology, claimed as technical improvements.
- [Gaming](https://arapackelaw.com/industries/gaming/) (Markdown https://arapackelaw.com/industries/gaming.md). Game engines, mechanics, controllers and titles, protected before the reveal.
- [Medical devices](https://arapackelaw.com/industries/medical-devices/) (Markdown https://arapackelaw.com/industries/medical-devices.md). Devices, diagnostics and software as a medical device, timed with the FDA.
- [Robotics](https://arapackelaw.com/industries/robotics/) (Markdown https://arapackelaw.com/industries/robotics.md). Robots, grippers and the software that moves them, protected before the pilot.
- [Semiconductors](https://arapackelaw.com/industries/semiconductors/) (Markdown https://arapackelaw.com/industries/semiconductors.md). Chip design, fabrication processes and packaging.
- [Software and SaaS](https://arapackelaw.com/industries/software-saas/) (Markdown https://arapackelaw.com/industries/software-saas.md). The methods your platform performs, protected however the code is written.
- [Sporting goods](https://arapackelaw.com/industries/sporting-goods/) (Markdown https://arapackelaw.com/industries/sporting-goods.md). Equipment and gear, from how it performs to the design customers recognize.

## Next steps

- [Book a free strategy call](https://arapackelaw.com/contact-us/) with a registered patent attorney, or call (954) 951-0154
- [Take the Intelligent IP Quiz](https://arapackelaw.com/intelligent-ip-quiz/) to see what to protect first
- [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/), the refund promise on four services

General information, not legal advice.