What Is a Software Patent? How Do I Get One?

Did you know that you can actually patent software? Many may not be aware of this, but it’s true. Here at Berkeley Law & Technology Group, we’re experts in this legal field. Read on below to find out more information on how you can get a software patent for your business.

When Would a Company Need to Get a Software Patent?

It is recommended to get a patent if your company has a product or service that involves software in some way. Simply getting a copyright isn’t enough to truly protect your product. A copyright only works to prevent the software’s code from being copied. It wouldn’t be able to stop a competitor from developing software identical to yours.

How Do I Know If the Software Is Patentable?

The process of getting a software patent and the rules about what is patentable have changed over the years. Given the constantly changing nature of software and technology as a whole, this is perhaps not too surprising.

In general, patents are given to products that are new, useful, and non-obvious. This means that the more innovative and more useful your software is, the easier it may be to obtain a patent. You’ll have a better chance if you present your software as a much-needed solution, an answer to something your current and potential clients have been looking for.

What Will Make Software Eligible?

If your company’s software is designed to improve the computer’s functionality, it will stand out.

For instance, does your company’s software provide some kind of technological advancement? Does it provide a service no previous software has been able to? Will it improve the computer’s performance in some way, such as markedly improving the speed? Does it simplify things, like allowing clients to use fewer resources?

If the software is not designed to improve the computer’s functionality, it should still be innovative in some way. And you still need to emphasize that it is the solution to a technology-specific problem. The solution should also be something different, new, and non-obvious.

But figuring out whether the software is eligible for a patent is not something your company should do independently. Instead, the best way to find this out, and then to file for a patent, is to consult with a patent attorney. But not just any patent attorney either. Instead, make sure to contact a law firm with plenty of experience in software patents specifically.

How to Prepare for a Consult With a Software Patent Attorney

Before meeting with an attorney, it is helpful to know as much about the software as possible. You want to express the technological innovations that make the software an ideal candidate for a patent.

If you haven’t already, make sure to get a breakdown from the coders, engineers, and/or developers who created the software for your company. For instance, try to get an idea of what features of the software are the most innovative, took considerable effort, and/or are most essential for your business. See if you can sufficiently explain what sets this software apart.

Here at Berkeley Law & Technology Group, one of our specialties is working on patents for what we call “software plus.” This is software that is combined with another form of technology. If your software falls under this category, make sure to let your attorney know.

Don’t hesitate to raise any and all questions or concerns you have with the attorney. You want to make sure that everything is in order before officially moving forward to secure the software patent.

When speaking with an attorney, keep in mind that they should also be well-versed in the infamous Alice v. CLS Bank Supreme Court case.

What Does Alice v. CLS Bank Have to Do With My Software Patent?

As a result of this case, the Supreme Court determined two criteria for software to fit into in order to receive a patent. First, they decided that the software should not be an “abstract idea.” Or, if it is, the application must effectively get across that the software will provide some kind of transformative, innovative solution.

If you’re not familiar with software patent law, this surely sounds vague and confusing. There have even been some court cases that have attempted to make these standards clearer. That’s why it’s so important to go with a knowledgeable, experienced attorney.

Once I Have an Attorney, How Do I Get the Patent?

In order to obtain a software patent, you will have to file an application. This is something that your patent attorney will provide essential guidance with. Once your company is satisfied with the application, the attorney will file it with the United States Patent and Trademark Office.

The best way to make sure you have a successful application is by working with an attorney who has extensive experience and plenty of expertise. And one that has successfully obtained software patents for businesses before.

To Secure Your Software Patent, Hire a Law Firm That Goes Above and Beyond

Your attorney shouldn’t just do the bare minimum for the application to get approved either. They should also take measures to ensure it will hold up if a competitor tries to challenge it in court. This may not happen, but it’s best to be prepared just in case.

Make sure the law firm you work with will customize the software patent for your business.

This is something we specialize in here at Berkeley Law & Technology Group. Getting a patent is a big deal, so it’s important to make it exactly right.

If you have any questions about getting a software patent for your business, don’t hesitate to contact us. You can find more information on Berkeley Law & Technology Group, the legal services we can offer for your business and plenty more on our website.