# Software IP attorneys for SaaS companies > Flat-fee software IP attorney services for SaaS companies. Patents, trademarks and agreements, starting with a $999 patentability search. Page: https://arapackelaw.com/industries/software-saas/ Title: Software IP Attorney for SaaS Companies | Rapacke Law Group Breadcrumb: [Home](https://arapackelaw.com/) / [Industries](https://arapackelaw.com/industries/) / [Software and SaaS](https://arapackelaw.com/industries/software-saas/) We protect what your platform does, how it looks and the brand customers log in to, plus the agreements around them. One flat fee for each step. - $999 patentability search - No hourly billing - Registered patent attorneys ## For the people who build software. From a first MVP to a platform with paying customers, the work starts the same way. Find out what is protectable, then protect it before a competitor ships the same feature. - **SaaS founders** Founders whose platform is the product, protected before the first investor meeting or public launch. - **Mobile app teams** Apps whose edge is a feature or a workflow customers can't get anywhere else. - **Teams adding AI features** Software companies building models into their product, with the new features protected as they ship. - **Growing software companies** New filings, trademarks and agreements as the product line grows, on predictable flat fees. ## Four ways to protect software. Software is protected in layers. A patent covers what the code does, a design patent covers how the interface looks and a trademark covers the name, while copyright and trade secrets cover the code itself. ### What the software does (utility patent) The process behind a feature, claimed as technical steps rather than the code that runs them, so the claims cover the process however it is written. - Workflows and automation - Data processing and integrations - Security and access methods - Performance improvements ### How the platform is built (utility patent) How a multi-tenant system, an API or a data pipeline is put together, when it makes the platform faster, safer or easier to scale in a specific way. - Multi-tenant architecture - APIs and integrations - Data pipelines - Billing and metering engines ### The user interface (design patent) The ornamental design of screens, icons and animated transitions, protected for 15 years from grant. - App and dashboard screens - Icons - Animated transitions Covered by The RLG Guarantee (USPTO denies it, full refund). ### The platform name (trademark) Clear and file the platform name and logo before launch, so the brand customers know is one you can keep. Software as a service is usually filed in Class 42. - Platform and product names - Company names - Logos Covered by The RLG Guarantee (Approved, or your money back). **Copyright and trade secrets cover the code.** Copyright protects the code as written from the day it is written, and registration comes before any lawsuit over it. Trade secrets protect source code and algorithms you keep confidential with NDAs and access controls. Your attorney maps all four 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 toward a design or non-provisional application. Most software founders file a provisional before a public beta, a launch or a demo, then the full application within 12 months. ### Start here, Patentability search **$999** flat fee. Patentable or your money back. Credited toward a design or non-provisional application. 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 feature works - Flowcharts and system diagrams included - 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. - Method and system claims written for examination - 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 app screens and icons, office actions included. Covered by The RLG Guarantee. - **Trademark, $2,000.** For the platform name, USPTO fee for one class included. Covered by The RLG Guarantee. ## Release and filing. Time them together. Software ships early and often, and a public release can start the clock on filing. Open source code and your contracts also decide what the company owns, so plan them with the patent. ### Patent, who can make and sell it 1. **Search** ($999). What is already out there? 2. **Provisional** (File first). Patent pending, before launch 3. **Full application** (Month 12). Within 12 months 4. **Examination** (USPTO). The USPTO checks eligibility and novelty 5. **Granted**. Rights you can enforce ### Release, when customers see it 1. **MVP** (Use an NDA). Private build and testers 2. **Public beta** (Disclosure risk). Early users see it working 3. **Launch** (Disclosure risk). Release notes and marketing 4. **Customer contracts**. Terms that keep the platform yours 5. **New versions**. Each feature can be its own filing **File before you release.** A public beta, a launch post, a demo video or published API docs can make a feature public. The US gives you one year after your own disclosure, but most other countries do not. File at least a provisional first. - **Patent the process, not the code.** Under 35 U.S.C. 101 and the Alice decision, software is eligible when the claims cover a specific technical improvement, not an abstract idea carried out on a computer. [Alice and software inventions](https://arapackelaw.com/patents/softwaremobile-apps/software-patents-after-alice/) - **Check your open source licenses.** Most platforms are built on open source components. Some licenses require you to share your own source code when you distribute it, so review them before you file, raise money or sell the company. [Unauthorized use of open source code](https://arapackelaw.com/patents/softwaremobile-apps/how-to-stop-unauthorized-use-of-open-source-code/) - **Your contracts decide who owns it.** Employee and contractor agreements should assign the code and inventions to the company, and your SaaS agreement should keep the platform yours while customers use it. Investors and buyers check both before a deal closes. [A checklist for SaaS agreements](https://arapackelaw.com/saas-startups/developing-strong-saas-agreements/) *General information, not legal advice. Eligibility and licensing questions depend on your claims, your code and your contracts.* ## Services for software and SaaS 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). Patents for software and mobile apps. - [SaaS patents](https://arapackelaw.com/patents/saas-patent-attorney/) (Markdown https://arapackelaw.com/patents/saas-patent-attorney.md). Patents for platform and subscription methods. - [Provisional patents](https://arapackelaw.com/patents/provisional-patents/) (Markdown https://arapackelaw.com/patents/provisional-patents.md). Patent pending while you build and test. Covered by The RLG Guarantee. - [Design patents](https://arapackelaw.com/patents/design-patents/) (Markdown https://arapackelaw.com/patents/design-patents.md). Protect screens and icons. Covered by The RLG Guarantee. - [Trademarks](https://arapackelaw.com/trademarks/) (Markdown https://arapackelaw.com/trademarks.md). Register the platform and company name. Covered by The RLG Guarantee. - [Contracts and agreements](https://arapackelaw.com/contracts-agreements/) (Markdown https://arapackelaw.com/contracts-agreements.md). SaaS agreements, terms and vendor contracts. - [Privacy and data protection](https://arapackelaw.com/privacy-and-data-protection/) (Markdown https://arapackelaw.com/privacy-and-data-protection.md). Privacy policies and data compliance. - [IP licensing agreements](https://arapackelaw.com/intellectual-property-licensing-agreements/) (Markdown https://arapackelaw.com/intellectual-property-licensing-agreements.md). License software in or out. ## Before you file. ### How do I protect my software's intellectual property? Usually in layers. A utility patent protects what the software does, a design patent protects how the interface looks, a trademark protects the name, copyright protects the code as written and trade secrets protect what you keep confidential. Which ones matter most depends on what a competitor could copy, and your attorney maps it with you on the first call. ### Can software be patented? Yes, when the claims cover a specific technical improvement, such as a faster way to process data or a more secure way to grant access, rather than an abstract idea run on a computer. The code itself is not what is claimed, and not every feature qualifies. The patentability search shows whether yours is new before you spend on filing. ### Is copyright or a patent better for software? They protect different things. Copyright covers the code as written, plus manuals, tutorials and marketing material, but it does not stop someone from writing different code that does the same thing. A patent covers the process itself however it is coded. Many software companies rely on both. ### What can be kept as a trade secret? Source code, algorithms, customer lists and development processes that you keep confidential and that give you an edge. Protection lasts as long as the secret does, so it depends on NDAs, access controls and employee agreements. Once a feature is visible to users, a trade secret no longer covers it. ### What legal agreements does a SaaS company need? A SaaS agreement or terms of service that keeps the platform yours and limits liability, a privacy policy that fits the data you handle and laws such as the GDPR and CCPA, NDAs for partners, and employee and contractor agreements that assign IP to the company. Before a merger, an acquisition or an investment, the other side reviews all of these along with your patents and trademarks. ### How much does it cost to protect software 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. A design patent is $3,200 and a trademark is $2,000. Every fee is quoted before work begins, and the search fee is credited toward a design or non-provisional application. ### What does The RLG Guarantee cover for software companies? 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. Former Naval Engineering Officer. M.S. in electrical and electronics engineering. - [Ken Brooks](https://arapackelaw.com/team/ken-brooks/), Registered Patent Attorney. Materials science and engineering. Patents in software, AI, and electrical and mechanical systems. Meet the team at https://arapackelaw.com/learn-more/the-team/ ## Go deeper on software IP. - [How to Protect Software Intellectual Property as a Startup Founder](https://arapackelaw.com/intellectual-property/how-to-protect-software-intellectual-property/) - [5 Things Every SaaS Founder Needs to Know About IP Protection](https://arapackelaw.com/intellectual-property/saas-founder-ip-protection/) - [Software Patent vs Copyright: Choosing The Best Protection](https://arapackelaw.com/patents/software-patent-vs-copyright-2/) - [Why SaaS Startups Need Trademarks](https://arapackelaw.com/trademarks/why-saas-startups-need-trademarks/) - [How Software Companies Can Use NDAs to Protect IP Assets](https://arapackelaw.com/trade-secrets/how-to-protect-software-ip-nda/) - [Source Code Intellectual Property: Why Software Patents Are Your Strongest Protection Against Copycats](https://arapackelaw.com/intellectual-property/source-code-intellectual-property/) [All SaaS startup articles](https://arapackelaw.com/category/saas-startups/) ## 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. - [Cybersecurity](https://arapackelaw.com/industries/cybersecurity/) (Markdown https://arapackelaw.com/industries/cybersecurity.md). Security software and hardware, and what to patent or keep secret. - [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. - [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.