How to Patent a Software Process

The legal landscape for patenting a software process is a tangled one. While the Federal Circuit and the District Courts have attempted to clarify the patentability standard, the state of the law remains in flux. However, many things can be considered abstract ideas, including generic processes using a computer as a tool and mathematical algorithms. Furthermore, some fundamental economic practices and conventional business practices can be viewed as abstract ideas.


While large software companies may be able to absorb the costs of patenting a software process, smaller companies are more likely to be left out in the cold. Independent developers, for example, cannot afford to market their own software and rely on the royalties they receive from publishers, which are largely a distribution channel. These modest margins are then depleted by the need to pay royalties to patent holders.

A solution to the problem is to reduce the number of software patents. This would prevent the system from reaching the untenable position of denying all patent applications. Such a solution would require requisite expertise and consensus among various stakeholders. Further, the solution would need to be practical and cost-effective. In addition, software patents must be rewritten frequently to meet the new requirements of the public and the patenting process.

Another issue is the impact of patents on innovation. Software patents impede progress by tying up every computer user and software developer. For instance, patenting an ordering system would prevent many retailers from implementing the Express Lane shopping checkout feature, which featured a one-click ordering method. This case has led many programmers to question the value of patents in the software field. In addition to slowing progress, software patents can also restrict innovation and hamper development.

One problem that software developers face is the lack of a legal team to defend their work. While patents can protect software, developers are often not able to obtain them. This creates a competitive environment that makes software production more difficult. It also costs the developers a lot of money. Further, patents also limit the amount of work they can do independently. If software developers can’t afford a patent attorney, they won’t be able to benefit from the fruits of their labor.


Requirements to patent a software procedure vary from one country to the next. In general, a software process should be a novel, non-obvious invention. A software process can be a machine or a mental process. This means that the claim must be directed to an inventive concept, but it must also be useful in some way. For instance, software that controls an insulin pump could be patentable, because it can help diabetes sufferers to have more accurate deliveries. Other examples are software for connected cars, which can improve the prediction of potential road accidents by determining whether a driver is sleepy.

If a software process involves a computer, it must meet certain legal criteria to qualify for patent protection. In addition, a software process must be useful, novel, and inventive. To qualify for patent protection, a software process must meet all four criteria: it must make a computer work in a new way or provide a new capability or ability. It should also allow for automatic generation of a computerised user interface, or recognition of prior knowledge. It must also be useful and not create an artificial state of affairs, such as storing data.

In addition, a software process must be able to solve a new problem that is “necessarily rooted in computer technology.” Furthermore, it must be unconventional, and it must have claims that don’t preempt every possible application of the idea. To be patented, it must meet all these requirements. The USPTO has published a helpful guide to defining the eligibility requirements for a software process.

Filing process

To get a patent for a software process, you must follow certain steps. Firstly, you must research the process that your software uses. Some patent applications are secret and may only become public after about 18 months. If you do not know about a patent, you can release your software program without realizing it. If this happens, you may end up liable for infringing on the patent. Here are the steps to follow:

First, you need to decide whether the claimed invention relates to an abstract idea. Abstract ideas include economic principles, ways of organizing human activities, mathematical ideas, and more. Most business methods based software inventions fall into this category. Next, you must consider whether your claimed invention limits the use of this abstract idea in a particular technology or improves the function of a computer. If it is, your invention is patentable.

There are several disadvantages to software patents. They tie up every computer user and software developer. Many businesses would be up in arms if they could patent software. Also, it can be difficult for small companies to get enough patents. But software patents are very useful for large companies. Unlike hardware patents, software patents do not directly affect the development of software, but rather the use of computers. In addition to that, they protect a particular method or process.

Before applying for a software patent, you must make sure that your idea or invention is unique and nonobvious. A software patent can be very difficult to get, but with the right preparation, it’s possible. It’s important to hire a technology lawyer to protect your idea. It is vital to have a good flow chart that shows each step of the process and a detailed description of the code. Detailed descriptions of the code and the software’s interaction with hardware and machines are crucial.

Searching for relevant patents

To make your search more efficient, you can use a search tool to get the relevant patents for your software process. Many tools are user-friendly and offer advanced filters to narrow the search. You can also expand your search by searching non-US patents and literature. Regardless of your search purpose, an online patent search tool is a great place to start. You can use a software such as InnovationQ Plus to keep track of your progress and save your results.

Searching for patents is a complex process, and there are several options available. There are paid search databases as well as free databases. The difference in price is largely in the database. Paid databases have better search options, and they are usually designed for professionals and are not available to non-professionals. They also cover millions of patents and more patent applications, allowing you to perform more comprehensive searches.

Before applying for a software patent, you must first do a prior art search. Prior art includes anything that has been invented before yours. This can be existing products, periodicals, or software with similar features. Software that does not exist at the time it was described is not considered prior art, as it is impossible to have at that time. If this is the case, the software you want to patent is already in existence.

When performing a search for relevant patents for software process, it’s essential to first think about the nature of your software and how it works. You will need to define your technology, think about the physical composition of your software, and consider different ways to search for relevant patents. After defining the invention, you may have to revise your search methods and refine your description to narrow down the results.

Finding a lawyer

A good lawyer can guide you through the complex patenting process of a software process. A technology lawyer will be able to offer you tailored insight that focuses on the specifics of your subject matter. An attorney who specializes in software patents can also help you prepare the best possible patent application. These attorneys can also help you decide which elements of your software are patentable. Once you have determined the patentability of the elements of your software process, it’s time to start looking for a lawyer who specializes in the field.

The best way to find a lawyer specializing in software process patenting is to research online resources. There are many legal aid organizations out there, but UpCounsel is the most popular. Their network of attorneys includes many highly regarded attorneys with extensive experience working with startups and Fortune 100 companies. The UpCounsel website contains a map of local programs and an online database of patent attorneys. The search can be very time consuming, but it’s worth the effort.

When choosing a lawyer for patenting a software process, it’s important to remember that a software attorney is a professional. They are a long-term partner, and you’re likely to be working with them for two to three years. It’s important to choose someone who makes you enthusiastic and motivated to work with them. This individual has probably attended law school and understands legal drafting.

It is important to understand that patent attorneys do not necessarily have to be experts in your particular field. This is because most patent attorneys are trained in a specific field. This means they are best equipped to understand inventions in that field. For example, an attorney with a chemistry background would be well-equipped to handle your mousetrap patent application. Most people with a science background have some understanding of basic mechanics and physics. A patent attorney with a software background, however, would have a difficult time understanding the complexities of a software invention.