How Do You File a Software Patent?

Almost anyone who has written a program has wondered, “How do you file a software patent?” Those who make the patent application should be careful to follow the steps outlined in this article. They should include the following: Inventive step, Non-obviousness, Detailed description of code, and implementation using a particular technology. These four elements must be present to file a successful software patent application.

Inventive step

There are some fundamental rules when it comes to filing for a software patent. If your software is new and innovative, you must have taken some sort of ‘inventive step’ to create it. Your ‘inventive step’ should not simply involve the improvement of a previous idea. It must also be sufficiently different from that existing idea to qualify for a patent. Inventive steps are critical to winning a patent, and many companies fail to make them.

Generally, the EPO examiner will look for a technical character in your claim. That means that your claimed process must produce some sort of further technical effect when implemented on a computer. This effect must be beyond the simple, physical interactions between the program and the computer. It can be anything from improving the manufacturing process to protecting the boot integrity of the computer. However, if your claim lacks this, it will be rejected.

The EPO has certain norms for what constitutes an “inventive step” for a software patent. To obtain a patent, your software must have some sort of technical effect or solve a specific technical problem. Any part of your software that does not meet these norms may be rejected without even being reviewed. However, if the EPO rejects your application for a software patent, it may help you formulate a global strategy to obtain patent protection.

While assessing inventiveness is a tricky process, it is necessary to prove that your invention is truly new. An “inventive step” must be more than just “an improvement” – it must be “unobvious” to anyone with a basic understanding of the technology. In other words, it should be a better solution than an existing one that would be obvious to a person skilled in the art.

Defining an ‘inventive step’ is an essential part of a software patent application. It is important to note that the Court will only consider the application’s technical contribution if it can demonstrate the ‘invention’ of the applicant. However, it is not possible to make this determination retrospectively. The Federal Court discourages retrospective analysis of a patent. The Federal Court requests a statement of the ‘inventive step’ involved. Defining an ‘invention’ requires the patentee to create an ‘imaginary addressee’ with appropriate common knowledge and prior art. This helps the court determine whether the invention is useful and novel.


There are some key criteria for proving non-obviousness in filing a software patent. The USPTO lays out these requirements in a guidebook for patent applicants. These criteria are intended to help patent applicants protect their innovations from competition. Specifically, non-obvious features are those that make a software system a step ahead of existing methods in the same field. This article will discuss each one.

First, a software invention must be new and not obvious to a person of ordinary skill in the art at the time of filing. Despite the fact that software often automates manual processes, determining whether an existing software product is not “obvious” is a complex process. If your software is new to the public, consult with a patent attorney who can help you determine whether the product is genuinely novel.

If the invention is new, it can still be considered “obvious” if it is based on prior art. The patent examiner asks whether prior art was trivially combined with the invention. However, there is a limit to how far hindsight can be considered. The patent examiner must be able to show that the combination was not already known in the art. If it is obvious, the applicant can proceed to prosecution.

A common question that many developers have when trying to patent software is whether the invention is truly novel. Some pre-Alice software patents were extremely obvious – for example, Amazon’s “one-click” shopping patent was clearly obvious to developers. This argument is based on the premise that the patent system works best when inventors can rely on common sense and not on a patent-worthy abstract idea.

Moreover, the vague eligibility standards for software patents have been a hindrance to new innovation in the field. Some smaller, independent inventors might be discouraged from disclosing their innovations for fear of losing their IP. They may also be deterred from disclosing their innovative ideas for fear of patent infringement. One such example is the Polish computer scientist Jarek Duda. Google attempted to patent his compression algorithm.

Detailed description of the code

If you are planning to file a software patent, you’ll need a detailed description of the code you created for the invention. Historically, software patents required technical disclosure. However, the patent process has changed dramatically since then. In recent years, patent offices are more relaxed about this requirement, and software patents can be issued without technical disclosure. Here are the steps to follow. If you’ve developed a new software product, you should describe it in detail in the patent application.

The first step is to define your invention. This is not always easy. In defining your invention, you have to consider many different perspectives, including the machine, the user, and the process. Using multiple perspectives enables you to provide a sophisticated and illustrative description of your software method. You can also include examples that show how your invention works in a tangible way. After all, this is the best way to protect your investment, and it also makes it harder for competitors to copy it.

A comprehensive description of the code is vital to securing a software patent. You should explain your invention in great detail, focusing on both the big picture and the details. It is also helpful to include high level flow charts, as well as detailed understanding of implementation. All these steps will help you better understand your invention’s complexity. This way, you can demonstrate that your software is truly novel.

Detailed description of the code is required to protect software-related inventions. The patent process requires a detailed description of the code that describes how your software carries out a software method. The disclosure doesn’t necessarily include the user experience. Instead, it must describe how the software carries out its function. The patent applicant must provide information on both the user experience and the computer system itself. There are also other perspectives that must be discussed.

The first step to filing a software patent is writing a detailed description of the computer code that explains the desired result. This description is crucial because US law prohibits patenting abstract ideas. Furthermore, it is important to note that abstract ideas do not qualify as patentable items, so the software market is confusing. Even though the EU does not allow software patents, it has made attempts to standardize instructions across the EU.

Detailed description of the implementation with a particular technology

A detailed description of the implementation with a particular technology is vital to the success of a software patent application. It must demonstrate that the inventor possessed the invention at the time he or she filed the patent application. Typical examples include high-level flow charts and drawings illustrating various versions. However, a patent application based solely on these descriptions will likely fail.

Whether or not software is patentable remains to be seen. The Supreme Court and Congress have both said that certain types of software may qualify for patent protection. In other words, software-related inventions require a much more thorough disclosure than you might imagine. So don’t expect to be able to file a patent for something as simple as an electronic mail client. In the past, software-related inventions were inexpensive to file.