# Software patent attorneys for SaaS, apps and AI > Flat-fee software patent attorney services for SaaS, app and AI founders. Start with a $999 patentability search, refunded if it isn't patentable. Page: https://arapackelaw.com/patents/software-mobile-app-patent/ Title: Software Patent Attorney for Startups | Rapacke Law Group Breadcrumb: [Home](https://arapackelaw.com/) / [Patents](https://arapackelaw.com/patents/) / [Software patents](https://arapackelaw.com/patents/software-mobile-app-patent/) We patent what your software does, not the code it is written in. Registered patent attorneys with engineering backgrounds, and one flat fee for each step, quoted before any work begins. - $999 patentability search - No hourly billing - Registered patent attorneys ## For founders whose product is the software. Most of our software clients are building something a competitor could rebuild in a quarter. A patent is how the method behind it stays theirs. - **SaaS and platforms** A new way your platform processes, routes or secures data, protected before someone rebuilds it. - **Mobile apps** The process behind the feature users love, and the look of the interface with a design patent. - **AI and machine learning** How a model is trained, applied or deployed to solve a technical problem. - **Software in medical devices** Software that informs a healthcare decision, where FDA strategy and patent strategy meet. ## Patent the process, not the code. Copyright covers your code the moment you write it. A patent protects something broader, the method your software performs and the technical problem it solves, however the code is written. ### Can be patented - **A new method your software performs** The steps your system takes to reach a result, claimed as a process. - **A technical improvement** Faster, more secure or more efficient computing, shown against what came before. - **A system built around that method** Servers, devices and data flows working together in a new way. - **Your interface, with a design patent** The ornamental look of a screen or GUI, protected for 15 years from grant. ### Not on its own - **The source code itself** Copyright already protects the literal code. - **An abstract idea on its own** A business method or formula without a technical application. - **Collecting or showing data, and nothing more** Software that only gathers, calculates or tracks data is unlikely to qualify. - **A manual process moved onto a computer** Scheduling, billing or workflow steps a person could do with pen and paper, now run by software. - **AI added to a business method** Saying a task is done “using machine learning” does not make an abstract idea patentable. - **A new look with no new function** A purely visual change is a design patent question, not a utility patent. The invention also has to be new and non-obvious. The $999 search tells you where you stand before you spend on filing. ## What does a software patent attorney do? A software patent attorney turns what your software does into an application the USPTO can allow, then takes it through examination to grant. That back-and-forth with the examiner is called patent prosecution, and software claims often meet eligibility rejections along the way. 1. **Find the invention.** A discovery call to separate what is technically new in your system from standard building blocks, and to decide what to patent and what to keep secret. 2. **Search before you spend.** A patentability search and a written report on what already exists, so you know where you stand before you pay to file. 3. **Draft the application.** A specification that explains the technical improvement in detail, and claims written to pass the Alice test and to read on what a competitor would build. 4. **Prosecute it.** Answer office actions on eligibility, prior art and detail, and interview the examiner when a call will move faster than a letter. More on [office action responses](https://arapackelaw.com/patents/patent-office-actions/). 5. **Put the patent to work.** Licensing, enforcement and defending it if it is challenged, as your product and market change. ## How to choose a software patent attorney. Look for credentials you can check and software drafting experience you can test, not a ranking. A first call should tell you how the attorney would claim your software and what it will cost. ### What to look for - **USPTO registration.** Apart from inventors filing for themselves, only patent attorneys and agents registered with the USPTO can prosecute applications for others. Check the USPTO's public register of patent practitioners, not only a firm's website. - **A technical background that fits.** Registration requires scientific or technical training, usually a science or engineering degree, and passing the USPTO registration exam. For software, look for computer science, computer engineering or electrical engineering, or years of work in the field. - **Software claim drafting under Alice.** Ask how they would claim your invention so it reads as a technical improvement and not an abstract idea, and how they have answered Section 101 rejections before. - **A pricing model you can plan around.** Hourly billing makes the total hard to predict. A flat fee per step, in writing, should say what it includes, such as drawings, USPTO filing fees and the number of claims. - **Work after filing.** Office actions, post-grant challenges and litigation all turn on how the claims were written. An attorney who handles them drafts with them in mind. ### Questions to ask before you hire - Who will draft my application, and who will answer the examiner? - How many software applications have you taken through examination, and in what technologies? - How would you claim my invention to get past the Alice test? - What does the fee include, and what costs come after filing? - What should I patent, and what should I keep as a trade secret? - When should I file, given my launch, demo or fundraising dates? Our answers to each are on this page. For the same questions applied to AI, see [AI patent attorneys](https://arapackelaw.com/patents/ai-patent-attorney/). ## Will your software pass the Alice test? Every software claim is screened for eligibility under 35 U.S.C. 101. The test comes from the Supreme Court's 2014 decision in Alice Corp. v. CLS Bank, and it is the first hurdle a software patent has to clear. ### Step one. Is the claim directed to an abstract idea? The examiner reads the claim as a whole and asks what it is really about. Mathematical formulas, mental steps and ways of organizing human activity, like hedging risk, settling payments or managing a schedule, count as abstract ideas. A claim can still pass at this step if it applies the idea in a way that improves how a computer or another technology works. The USPTO calls that integrating the idea into a practical application. ### Step two. Does the claim add significantly more? If the claim is directed to an abstract idea, the question becomes whether the rest of it adds an inventive concept, something beyond well-understood, routine and conventional computing. Running the idea on a generic computer, a server or the cloud is not enough on its own. In Alice, the Court held that settling trades through a third party, carried out on a generic computer, was an abstract idea and not patentable. > **How we draft for it** > > We write the application around the technical problem your software solves and how it solves it. The data structures, the order of the steps and the improvement over what came before, so the claims read as a better machine and not as a business idea. Our team includes a former USPTO examiner. ## Software patents the courts upheld, and the ones they struck down. Since Alice, the Federal Circuit has drawn the line case by case. The pattern is consistent. Claims that improve how a computer or a technical process works tend to survive. Claims that use a computer to collect, analyze or display information tend not to. One-line summaries. Each case turned on its own claims, which is why claim drafting matters as much as the invention. ### Claims that survived - **Enfish v. Microsoft, 2016** A self-referential database table that changed how a computer stores and finds data. An improvement to computer functionality, not an abstract idea. - **McRO v. Bandai Namco, 2016** Specific rules that automated lip-sync and facial animation. They improved an existing technological process. - **BASCOM v. AT&T Mobility, 2016** Internet content filtering placed at a specific point in the network. The court found an inventive concept in a non-conventional arrangement of known parts. ### Claims that failed - **Alice v. CLS Bank, Supreme Court, 2014** Settling financial trades through a third party, on a generic computer. An abstract idea, and the computer added nothing inventive. - **Electric Power Group v. Alstom, 2016** Collecting power-grid data, analyzing it and displaying the results. Gathering and showing information, without a new way of doing it, is abstract. ## Examples of software inventions that can qualify for a patent. What these have in common is a specific technical result. Each one describes how the software works, not only what it lets a user do. - **Data storage and retrieval.** A new way to structure, index or cache data so queries run faster or use less memory, the kind of improvement the court recognized in Enfish. - **Security and authentication.** A new way to verify a device or user, or to encrypt and route data, that closes a specific technical gap. - **Networking and sync.** A method that cuts bandwidth, latency or conflicts when devices sync, including offline-first mobile apps. - **Machine learning.** A training or deployment method that makes the model itself work better, for example learning a new task without losing an old one, or running in less memory. - **Graphics, audio and video.** Rules or processing steps that produce a better technical result, as with the automated animation in McRO. - **Devices and sensors.** Software that controls hardware in a new way, from a battery-saving sensor schedule to a medical device that adjusts its own output. For granted patents from well-known software companies, see [10 software patent examples every SaaS founder should study](https://arapackelaw.com/patents/software-patent-examples/). ## How to patent a mobile app, a SaaS platform or an AI model. The eligibility rules are the same for all three. What changes is where the invention usually lives and what a competitor would copy. ### Mobile apps An app idea on its own is not patentable. The way the app does something technical can be, such as how it syncs offline data, uses the phone's sensors, saves battery or handles a new kind of input. The look of a screen or icon can be protected separately with a design patent, which lasts 15 years from grant. Many apps are protected by both. ### SaaS and platforms For SaaS, the invention is usually in the back end. How the platform ingests, transforms, routes or secures data, how it scales across tenants, or how it connects systems that could not work together before. We claim the method on the server side, so the patent reads on the platform itself and not on one customer's use of it. More on [SaaS patents](https://arapackelaw.com/patents/saas-patent-attorney/). ### AI and machine learning Adding “using artificial intelligence” to a business process does not make it patentable. What can qualify is a technical improvement in how a model is trained, structured or deployed, or a specific way a model's output controls a system. The application should describe the training pipeline, the architecture choices and the measured result, not only the prediction the model makes. In September 2025, an Appeals Review Panel led by the USPTO Director decided Ex parte Desjardins. It held that claims to a method of training a machine learning model, so the model could learn a new task while protecting what it learned on an earlier one, reflected an improvement to how the model itself operates and were not directed to an abstract idea. The USPTO designated the decision precedential on November 4, 2025, which makes it binding on its Patent Trial and Appeal Board. Courts are not bound by it, so the application still has to show the technical improvement on its own. An AI system cannot be named as an inventor. The person who conceived what is claimed is the inventor, even when AI tools helped. More on [AI patents](https://arapackelaw.com/patents/ai-patent-attorney/). ## Claims written around the product you sell. Every patent application has two kinds of claims. Independent claims are the broadest statement of your invention and set how far your protection reaches. Dependent claims add detail, narrowing step by step toward the version you actually ship. We draft both on purpose. Broad independent claims make your patent harder to design around. At least one picture claim, a dependent claim that describes your commercial product closely, gives you a clear claim to point to if someone copies what you sell. > **Why it matters** > > A competitor reading your patent looks for one step they can leave out. A claim set that starts broad and narrows in layers leaves fewer gaps to work around. ### Software as a medical device Software that informs a healthcare decision can be regulated by the FDA as a medical device, and it can also be patent eligible. When an invention sits in both worlds, our [medical device patent](https://arapackelaw.com/patents/medical-device-patents/) and software practices work on it together. ### Method, system and medium claims Most software patents claim the same invention in three forms, so a competitor cannot slip between them. *Software claim forms* | Claim form | What it protects | | --- | --- | | **Method** | The steps your software performs. It reaches whoever performs them, such as a competitor running a similar service. | | **System** | A computer, device or network set up to perform those steps. It reaches whoever makes, sells or uses that setup. | | **Computer-readable medium** | Stored instructions that make a computer perform the steps. It covers the software as a product, apart from any one machine. | ### What to bring to your first call - A plain description of what the software does and the technical problem it solves - Flowcharts, architecture or data-flow diagrams, even rough ones - The inputs, the outputs and the steps in between, and which of them are new - What already exists, including competitors and open-source tools you know of - Any dates you have shown, demoed, sold or published the product No prototype or finished code is needed. Your attorney turns the call into the description the application needs. ## Patent, copyright or trade secret. What protects your software? Each one protects a different part of what you built, and many software companies use all three. *Patent, copyright and trade secret compared for software* | | Patent | Copyright | Trade secret | | --- | --- | --- | --- | | What it protects | The method or system, however it is coded | The code as written, plus screens and documentation as creative works | Anything valuable you keep confidential, like source code, model weights or data | | How you get it | Apply to the USPTO and pass examination | Automatic when the code is written. Register it before suing over a US work | Keep it secret, with access limits and NDAs | | How long it lasts | 20 years from filing the full application | The author's life plus 70 years. Code written by employees, 95 years from publication or 120 from creation, whichever ends first | As long as it stays secret | | Stops a rewrite in different code | Yes, if the rewrite still performs the claimed method | No. It protects the expression, not the method | Only if the rewrite came from misuse of your secret | | Stops someone who builds it on their own | Yes | No | No. Independent development and reverse engineering are lawful | | Made public | Yes. Applications are usually published 18 months after the earliest filing date | No | Never. Public disclosure ends the protection | Use them together. Keep source code, model weights and training data as trade secrets, register copyright in the code you may need to enforce, and patent the method a competitor could work out from how your product behaves. If the method can be learned by using or inspecting the product, secrecy will not protect it for long. ## File before you launch, demo or open-source. The US is a first-inventor-to-file system. When two people claim the same invention, the earlier filing date generally wins, and your own public activity can count against you abroad. ### The one-year US grace period In the US, your own public disclosure does not count against you if you file within one year of it. That covers a launch, a public demo, a conference talk, a blog post, a public code repository or an offer to sell. The clock starts at the first disclosure, and it does not reset. ### Many countries have no grace period Europe, China and many other countries have no general grace period like the US one. If you disclose before you file, you can lose the right to a patent there, even though the US would still let you file. Filing first keeps every market open. > **File first** > > A provisional application is the fastest way to lock in a filing date before you go public. If a launch, demo day or open-source release is coming, talk to us before it, not after. ### Filing outside the US Patents are territorial, so a US patent covers the US only. Under the Paris Convention you have 12 months from your first filing, including a provisional, to file in other member countries and keep that first date. Many founders do it with a Patent Cooperation Treaty (PCT) application. One PCT filing preserves your right to file in any of the 159 PCT member countries and pushes those national filings out to about 30 months from your first filing date, so you can choose countries once you know more about your market. Software is judged differently abroad. The European Patent Office excludes computer programs “as such” but allows claims to software that produces a further technical effect beyond the normal running of a computer, so an application meant for Europe is drafted with that test in mind. ## Three steps. Three flat fees. Every step is quoted before any work begins, and the search fee is credited toward a design or non-provisional application. Most software clients file a provisional first, 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. Software flat fee. Patent pending the day it is filed. - A strategy call to capture how it 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 **$11,000** flat fee. Drawings and USPTO filing fees included. Filed before your 12-month deadline. - Claims and a full specification written for examination - Formal drawings and USPTO filing fees - Complex inventions quoted flat on your call Flat fee, not covered by the guarantee. ## From first call to granted patent. What happens at each step and who does the work. Timing shown is typical, never a promised date. 1. **Discovery call** (Day one). Walk your attorney through what you built. No prototype needed. 2. **Patentability search** ($999). US and foreign patents and published applications. 3. **Report and review** (About 5 days). A written report, then a call on strategy. 4. **Provisional filed** ($2,500 to $3,500). Drafted, approved by you, filed. You are patent pending. 5. **Full application filed** (Month 12). The non-provisional, before the 12-month deadline. 6. **Examination** (USPTO). We answer the examiner and work toward allowance. 7. **Patent granted**. Often 2 to 3 years after filing the full application. ## How much does it cost to patent software? Our fees are flat and quoted before work begins. What comes later is USPTO fees and any office action responses, so plan for both. *Software patent costs from search to the last maintenance fee* | Stage | When | What you pay | | --- | --- | --- | | **Patentability search** | Before you file | $999 flat fee, credited toward a design or non-provisional application | | **Provisional application** | Month 0 | $2,500 to $3,500 flat fee for software | | **Non-provisional application** | By month 12 | $11,000 flat fee, with drawings and USPTO filing fees included | | **Office action responses** | Often 18 to 24 months after filing | Quoted flat before any work begins. Plan for at least one | | **USPTO issue fee** | When the patent is allowed | $1,290, or $516 for a small entity and $258 for a micro entity | | **USPTO maintenance fee** | 3.5 years after grant | $2,150, or $860 for a small entity and $430 for a micro entity | | **USPTO maintenance fee** | 7.5 years after grant | $4,040, or $1,616 for a small entity and $808 for a micro entity | | **USPTO maintenance fee** | 11.5 years after grant | $8,280, or $3,312 for a small entity and $1,656 for a micro entity | USPTO fees are from the USPTO fee schedule effective January 19, 2025, and the USPTO adjusts them from time to time. Small entity status generally applies to companies with fewer than 500 employees, and micro entity status has income and filing limits. If a maintenance fee goes unpaid, the patent expires early. For a fuller breakdown across patent types, see [how much a patent costs](https://arapackelaw.com/patents/how-much-does-a-patent-cost/). ## Five mistakes that sink software patents. Each one is avoidable, and each one is hard to fix after the application is filed. 1. **Disclosing before you file.** A launch, demo or public repository starts the US one-year clock and can end your rights in countries without a grace period. If you have to share the details with a partner or investor first, do it under an NDA. 2. **Describing the business benefit instead of the technical one.** “Users save time” is a business result. Explain what the software does differently inside the system, and why that works better. 3. **Claiming the idea, not the implementation.** Claims that cover any way of reaching a result read as abstract. Claims tied to specific steps, structures or data flows hold up better. 4. **Underestimating prior art.** For software, prior art includes open-source projects, technical papers, standards and old products, not only patents. The search is there to find it before you spend on filing. 5. **Claims that miss the product you ship.** A patent that does not read on your own product, or on what a competitor would build, is hard to use. We draft at least one claim around your commercial version. ## Before you file. ### Can software be patented? Yes, when it is claimed as a process that solves a technical problem or improves how a computer works. To be granted, the claims have to be patent eligible, new and non-obvious, and the application has to describe the invention well enough for an engineer to make and use it. The code itself is protected by copyright, not a patent. The patentability search tells you whether your invention is a strong candidate before you file. ### How much does it cost to patent software? With us, three flat fees to get on file. A $999 patentability search, a $2,500 to $3,500 provisional application for software, and a non-provisional application at $11,000 with drawings and USPTO filing fees included. After filing, plan for office action responses, which we quote flat before any work begins, the USPTO issue fee when the patent is allowed, and USPTO maintenance fees at 3.5, 7.5 and 11.5 years after grant. ### Can I patent an algorithm? Not as a bare formula. An algorithm on its own is treated as a mathematical concept, which is an abstract idea. An algorithm applied to solve a technical problem, such as compressing data, controlling a device or training a model more efficiently, can be part of a patentable process when the claims tie it to that application. A proprietary algorithm that runs only on your servers, where no one can see how it works, can instead be kept as a trade secret. ### Why run a prior art search before filing a software patent? To find out whether your invention is new and non-obvious before you pay to file. Our patentability search covers US and foreign patents and published applications, and the written report shows what to claim around, so the application is drafted around what an examiner is likely to find. It is a $999 flat fee, credited toward a design or non-provisional application. ### How long does a software patent last? A utility patent generally lasts 20 years from the date the full (non-provisional) application is filed, and it can be extended for some USPTO delays. Maintenance fees are due at 3.5, 7.5 and 11.5 years after grant, or the patent expires early. The year a provisional is pending does not count toward the 20 years. A design patent on an interface lasts 15 years from grant. ### What is a Section 101 rejection, and can it be overcome? It is an examiner's finding that a claim is directed to an abstract idea and is not patent eligible under the Alice test. Many can be answered, by amending the claims to recite the technical improvement the application already describes and by explaining why the claims are not abstract. Nothing new can be added to an application after it is filed, which is why the technical detail has to be in it from the start. ### Can you copyright software code? Yes. Copyright protects the code as written from the moment it is created. Registering it with the US Copyright Office is required before you can sue over a US work, and registering early keeps statutory damages and attorney fees available. Copyright does not stop someone from writing different code that does the same thing. That is what a patent covers. ### Should I file a provisional or go straight to a full application? Most software founders file a provisional first. It costs less, makes you patent pending, and gives you 12 months to keep building before the full application is due. If the product is stable and you want examination to start sooner, filing the non-provisional directly can make sense. Your attorney recommends one on your strategy call. ### Can I patent a mobile app? Often, yes. The process behind a feature can qualify for a utility patent, and the look of the interface can be protected with a design patent. An app that only collects, calculates or displays data is less likely to qualify on its own. ### Can I patent my software outside the US? Often, yes, though the rules differ by country. Europe, for example, requires software to produce a further technical effect beyond normal computer operation. You generally have 12 months from your first filing to file abroad or file a PCT application, and if foreign rights matter, do not disclose the invention publicly before that first filing. ### How do software patents make money? Mostly through licensing and sale. A license lets another company use the patented method for a fee while you keep ownership, and it can be limited by field, territory or term. Selling, or assigning, the patent brings a one-time payment but transfers ownership. Either way, the terms belong in a written licensing agreement or assignment. ### Is a software patent worth it for a startup? It depends on two things. Whether a competitor could copy your method from the product, and whether investors or acquirers in your market value patents. A patent is often worth it when the method is hard-won and easy to copy. It is often not when the value is in the brand, the data or speed of execution, where trade secrets and trademarks may do more. The patentability search is a lower-cost way to find out before you commit to filing. ### What does The RLG Guarantee cover for software patents? The patentability search and the provisional application. 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, you get a full refund or more searches. 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. - Chris Watt, Registered Patent Attorney, Former USPTO Examiner. Software, AI and machine learning, and MedTech. A full-stack software engineer. - [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/ ## More in Patents - [Patents](https://arapackelaw.com/patents/) - [Patentability search](https://arapackelaw.com/patents/patentability-search/) - [Utility patents](https://arapackelaw.com/patents/utility-patents/) - [Design patents](https://arapackelaw.com/patents/design-patents/) - [Provisional patents](https://arapackelaw.com/patents/provisional-patents/) - [SaaS patents](https://arapackelaw.com/patents/saas-patent-attorney/) - [AI patents](https://arapackelaw.com/patents/ai-patent-attorney/) - [Medical device patents](https://arapackelaw.com/patents/medical-device-patents/) - [PCT patents](https://arapackelaw.com/patents/pct-patents/) - [Patent office actions](https://arapackelaw.com/patents/patent-office-actions/) - [Post-grant proceedings](https://arapackelaw.com/patents/post-grant-proceedings/) ## Go deeper on software patents. - [10 Powerful Software Patent Examples Every SaaS Founder Should Study](https://arapackelaw.com/patents/software-patent-examples/) - [Can You Patent Code? A Tech Founders Guide to Software Patents](https://arapackelaw.com/patents/can-you-patent-code/) - [How to Patent Software in 2025: A Step-by-Step Guide for Startups](https://arapackelaw.com/patents/how-to-patent-software/) [All software patent articles](https://arapackelaw.com/category/patents/softwaremobile-apps/) ## 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.