How to Protect Software Intellectual Property as a Startup Founder
Learn how to protect software intellectual property with patents, copyrights, trade secrets, and trademarks. Book a free IP strategy call to start today.
[INDUSTRY]Software and SaaS
Software IP attorneys for SaaS companies
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.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyFormer Naval Engineering Officer. M.S. in electrical and electronics engineering.
Ken BrooksRegistered Patent AttorneyMaterials science and engineering. Patents in software, AI, and electrical and mechanical systems.
[01]Who it's for
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.
[02]What's protectable
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.
01Utility patent
What the software does
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
Flat fee, quoted before work begins02Utility patent
How the platform is built
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
Flat fee, quoted before work begins03Design patent
The user interface
The ornamental design of screens, icons and animated transitions, protected for 15 years from grant.
- App and dashboard screens
- Icons
- Animated transitions
USPTO denies it, full refund*04Trademark
The platform name
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
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.
[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 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.
01Start here
Patentability search
$999
Patentable or your money back. Credited toward a design or non-provisional application
- 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 feature works
- Flowcharts and system diagrams included
- 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
- Method and system claims written for examination
- 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 app screens and icons, office actions included$3,200USPTO denies it, full refund*
- TrademarkFor the platform 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]Release and open source
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.
PatentWho can make and sell it
- $99901$999SearchWhat is already out there?
- File first02File firstProvisionalPatent pending, before launch
- Month 1203Month 12Full applicationWithin 12 months
- USPTO04USPTOExaminationThe USPTO checks eligibility and novelty
- 05GrantedRights you can enforce
ReleaseWhen customers see it
- Use an NDA01Use an NDAMVPPrivate build and testers
- Disclosure risk02Disclosure riskPublic betaEarly users see it working
- Disclosure risk03Disclosure riskLaunchRelease notes and marketing
- 04Customer contractsTerms that keep the platform yours
- 05New versionsEach 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 inventionsCheck 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 codeYour 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
General information, not legal advice. Eligibility and licensing questions depend on your claims, your code and your contracts.
[05]Related services
Services for software and SaaS companies.
One firm for the patent, the brand and the agreements around them.
- Software patentsPatents for software and mobile apps
- SaaS patentsPatents for platform and subscription methods
- Provisional patents, covered by The RLG GuaranteePatent pending while you build and test
- Design patents, covered by The RLG GuaranteeProtect screens and icons
- Trademarks, covered by The RLG GuaranteeRegister the platform and company name
- Contracts and agreementsSaaS agreements, terms and vendor contracts
- Privacy and data protectionPrivacy policies and data compliance
- IP licensing agreementsLicense software in or out
[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 CallHow 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.
[07]Learning Center
Go deeper on software IP.
5 Things Every SaaS Founder Needs to Know About IP Protection
As a SaaS founder, your company’s intellectual property (IP) is one of its most valuable assets, but do you know how to protect it? IP includes everything from the name…
Software Patent vs Copyright: Choosing The Best Protection
Are you unsure whether to protect your software with a software patent vs copyright? Choosing the wrong type of intellectual property protection can lead to significant…
Why SaaS Startups Need Trademarks
Establishing your brand is an important process for any business. Branding helps form your company identity and allows you to build brand awareness. In the tech industry…
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…
Source Code Intellectual Property: Why Software Patents Are Your Strongest Protection Against Copycats
Amazon’s 1-Click patent generated millions in licensing revenue and created a two-decade competitive moat that copyright protection could never achieve. Google’s PageRank…
[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 “Extremely impressed with their fixed fee and timely approach.”
Forrest A.Trademark · Google “Answered every question I had with a phone call directly.”
Tim A.Trademark · Google
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 platform before you ship it.
Talk through your software with a registered patent attorney. The call is free, with no obligation.