The Aftermath of Alice and It’s Impact on Software-Related Inventions
The Supreme Court’s 2014 ruling in the case of Alice Corp. v. CLS International caused the software developers’ world to rethink how they develop products and how those…
[INDUSTRY]Cybersecurity and security software
Cybersecurity patent attorneys for security startups
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.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyElectrical and computer engineering. Former Naval Engineering Officer.
Ken BrooksRegistered Patent AttorneySoftware, AI and machine learning, electrical and mechanical systems.
[01]Who it's for
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.
[02]What's protectable
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.
01Utility patent
The method and how it secures systems
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
Flat fee, quoted before work begins02Utility patent
Security hardware
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
Flat fee, quoted before work begins03Design patent
The look of devices and consoles
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
USPTO denies it, full refund*04Trademark
The product and company name
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
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.
[03]The flat-fee path
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.
01Start here
Patentability search
$999
Patentable or your money back. Credited when you file
- 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
Report in about 5 days
Not patentable, full refund*02Then
Provisional patent
$2.5k–3.5k
- A strategy call to capture how the method works
- Drafted by a registered patent attorney
- You review and approve it before filing
Patent pending the day it is filed
Patentability issues, full refund*03Within 12 months
Non-provisional patent
$7k–12k
Drawings and USPTO filing fees included
- Claims written around the technical improvement
- Formal drawings and USPTO filing fees
- Complex platforms quoted flat on your call
Filed before your 12-month deadline
Flat fee, not covered by the guarantee
Alongside the patent
- Design patentFor a device or console screen, office actions included$3,200USPTO denies it, full refund*
- TrademarkFor the product name, USPTO fee for one class included$2,000Approved, or your money back*
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[04]Patent or secret
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.
PatentPublished and enforceable
- $99901$999SearchIs the method new?
- File first02File firstProvisionalPatent pending, before the talk
- Month 1203Month 12Full applicationWithin 12 months
- Public04PublicPublished18 months from the first filing
- 05GrantedRights you can enforce
SecretHidden while you protect it
- Inventory01InventoryIdentifyRules, data and models worth keeping
- Reasonable measures02Reasonable measuresRestrict accessNeed to know, logged access
- Use an NDA03Use an NDAAgreementsStaff, partners and contractors
- Ongoing04OngoingMonitorLeaks and departing staff
- 05ProtectedAs 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 patentsFiltering 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 rejectionEncryption 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
General information, not legal or export control advice. The rules that apply depend on your product and where you sell it.
[05]Related services
Services for cybersecurity companies.
One firm for the patent, the brand and the agreements around them.
- Software patentsProtect the methods your product performs
- Provisional patents, covered by The RLG GuaranteePatent pending before a talk or launch
- Design patents, covered by The RLG GuaranteeProtect devices and console screens
- Trademarks, covered by The RLG GuaranteeRegister the product and company name
- Patent office actionsAnswer Alice and other rejections
- Non-disclosure agreementsShare with partners on your terms
- Privacy and data protectionPrivacy policies and data terms
- Trade secret litigationProtect the rules and models you keep secret
[06]Questions
Before you file.
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallCan 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.
[07]Learning Center
Go deeper before you file.
Overcoming the 101 Rejection: A Strategic Guide to Patent Eligibility
Are you stumped by a 35 U.S.C. § 101 rejection? This abrupt bump on your patent application journey indicates a disconnect between your invention and patent eligibility…
5 Examples of Trade Secrets and How They Fit into Your Intellectual Property Strategy
Explore 5 famous examples of trade secrets, from Coca-Cola to Google, and learn how to fit trade secrets into your IP strategy. Book a free IP strategy call.
How to Prevent Employees from Stealing Source Code When Insider Risk Is Your #1 Threat
In 2018, a Waymo engineer walked out with thousands of confidential files containing critical self-driving car source code and took them to Uber. The theft cost Uber $245…
How Software Companies Can Use NDAs to Protect IP Assets
In the software industry, a lot of intellectual property assets carry value due to the simple fact that others, such as competitors, do not know what you and your company…
How To Identify Patentable Key Features in Your Software
When it comes to SaaS companies, which base their entire business on a subscription based software model, the possibility of someone stealing their proprietary software…
[08]Client reviews
Founders who filed with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“It gave us peace of mind knowing the total cost for this service was included in their flat-fee proposal.”
Nick P.Provisional patent · Client review “I always felt confident that my intellectual property was in good hands.”
JakePatent · Client review “I can safely trust them with scientific and legal integrity regarding ownership and accountability of inventions.”
Hussain AtherPatent · Client review
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Protect the method before you present it.
Talk through your product with a registered patent attorney. The call is free, with no obligation.