The Must-Have SaaS Patent Guide

Can a SaaS product be patented?

Often, yes. The software code itself is protected by copyright, but the technical process your product performs can be patented when it is new, not obvious, and more than an abstract idea. Since the Supreme Court's Alice decision in 2014, the claims have to show a concrete technical improvement, such as a faster way to process data or a new way for systems to work together, not just a business idea carried out on a computer.

What is patentable about your SaaS?

Look for the features a competitor would most like to copy and that took real engineering to build. Typical candidates include these.

• Back-end processes that handle data in a new way, such as a faster sync, a smarter queue or a new compression or indexing method.
• Integrations that make separate systems work together in a way they could not before.
• Security and access control methods that protect data or users in a new way.
• AI and machine learning features applied to a specific technical problem. Our AI Patent Mastery guide covers these in depth.
• User interface workflows that solve a technical problem, and the look of a screen, which a design patent can protect.

What usually cannot be patented on its own is the subscription model, a pricing method or an idea with no technical detail behind it.

When should you consider a SaaS patent?

Before you show the feature to the world. In the US you have one year from your own public disclosure to file, but most other countries give no grace period at all, so file before a public launch, a demo or a pitch deck that reveals how the feature works. A provisional application secures your filing date quickly and gives you 12 months to file the full application.

How do you get a software patent?

The usual path is a patentability search to see what already exists, a provisional application to lock in your date, then the utility application within 12 months. The USPTO then examines it, and most applications get at least one office action before they are allowed.

Two things can speed it up. Prioritized examination (Track One) puts the application on a faster track for an added USPTO fee, and a well-prepared response to each office action avoids extra rounds with the examiner.

How do patents add value to a SaaS startup?

A patent is an asset you own. It gives investors something concrete behind your technical advantage, it can raise the value of the company in an acquisition, and it gives you a way to stop a larger competitor from copying a key feature instead of out-spending you on it.

Why are there two editions of this guide?

The firm published The Must-Have SaaS Patent Guide first, then an updated and expanded 2.0 edition. Both now live on this page, and the download is the 2.0 edition.