10 Powerful Software Patent Examples Every SaaS Founder Should Study
When Amazon sued Barnes & Noble in 1999 over its “1-Click” checkout patent, it secured a preliminary injunction that forced its competitor to add extra steps to its…
[FREE GUIDE]Software patents
The Must-Have Software Patent Guide
How the software patenting process works and what protecting a key feature with a patent does for your business, in a guide written for software founders.
[01]What's inside
Five chapters on software patents.
The guide as a PDF, delivered the moment you send the form.
- Know when to pursue a software patent
- Identify patentable features in your software
- Gain a competitive advantage
- 01Guide chapter01Why you need a software patent
- 02Guide chapter02What is patentable about your software
- 03Guide chapter03When you should consider obtaining a patent
- 04Guide chapter04How to go about obtaining a patent
- 05Guide chapter05Copyright protection for software code
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Can software be patented?
Yes, when it does something new in a technical way. US law does not allow patents on abstract ideas, so since the Supreme Court's Alice decision in 2014 a software patent has to claim a concrete technical solution, such as a faster algorithm applied to a real system, a new data structure or a new way for devices to work together. A business idea simply carried out on a computer does not qualify. A former USPTO examiner's take is in software patents after Alice.
Why do you need a software patent?
Because code is easy to rewrite. A competitor can rebuild your key feature in different code without copying a line, and copyright will not stop them. A patent can. It also gives investors and acquirers a concrete asset behind your technical advantage.
What is patentable about your software?
- New processes your software performs to solve a technical problem.
- Improvements to how a computer or network works, such as speed, memory use or security.
- New ways of handling data, from collection and processing to storage and retrieval.
- User interfaces that solve a technical problem, and the look of a screen through a design patent.
For real claims, see these software patent examples.
When should you consider obtaining a patent?
Before you show it. In the US you have one year after your own public disclosure to file, but most other countries allow none, so file before launch, a public demo or a pitch that explains how the feature works. A provisional application secures your date quickly while you keep building.
How do you get a software patent?
Start with a patentability search, file a provisional application to lock in your date, then file the utility application within 12 months. The USPTO examines it, often with at least one office action, before it is allowed. The step by step version is in how to patent software.
Software patent vs copyright, which protects what?
| Software patent | Copyright | |
|---|---|---|
| Protects | The process or function the software performs | The code as written, and other original expression |
| Stops | Anyone using the invention, however they code it | Copying the code itself |
| How you get it | Filed with and examined by the USPTO | Automatic, registration needed to sue |
| How long | Generally 20 years from filing | Generally decades, the author's life plus 70 years |
Most software companies use both, and keep some parts as trade secrets. Read software patent vs copyright.
Can you patent an algorithm?
Not an abstract mathematical formula on its own. An algorithm applied to solve a specific technical problem, with the steps tied to a real system, often can be patented.
Can I patent a mobile app?
The idea of an app, no. A new technical process the app performs, often yes, and the look of its interface can be protected with a design patent.
How long does a software patent take?
A utility patent often takes 2 to 3 years from filing to a decision. A provisional application gives you patent pending status from the day it is filed.
Is copyright enough to protect my software?
Copyright stops someone copying your code, not someone writing new code that does the same thing. To protect the function itself you need a patent, or to keep it secret.
Is the guide free?
Yes. Send the short form and the PDF opens right after. It is general information, not legal advice.
[04]Learning Center
Read more on software patents.
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…
Software Patents After Alice: A Former USPTO Examiner’s Advice on Securing Patent Protection
While many in software patent industry long feared that the reverberations left from Alice meant the “kiss of death” for software patent applications, the reality today…
[05]Free resources
More free resources.
GuidePDF
The Must-Have SaaS Patent Guide
How SaaS companies use patents to protect key features and add value.
GuidePDF
AI Patent Mastery for SaaS Founders
How to patent the AI features inside a SaaS product, written for founders.
Guide
Patent Your Invention – A Step By Step Guide
A step by step walk through patenting your invention.
Find out what you can patent.
Talk through your software with a registered patent attorney. The call is free, with no obligation.