Can I get a patent for computer software?

Computer software is a collection of instructions that tell a computer how to perform a task. Software can be used to control devices, process data, and create new applications. Software patents are legal documents that grant the inventor of a software invention the exclusive right to make, use, sell, or offer to sell the invention for a limited period of time.

Patentability of software

Whether or not a software invention is patentable depends on a number of factors, including the nature of the invention and how it is claimed. In general, software patents are allowed for inventions that:

• Improve the functionality of a computer system.

• Solve a computer problem in a new or improved way.

• Use a computer to perform a process that was previously performed manually.

Software patents are not allowed for inventions that are:

• Abstract ideas.

• Natural phenomena.

• Laws of nature.

Examples of patentable software inventions

Here are some examples of software inventions that are typically patentable:

• A new algorithm for image compression.

• A new way to organise and search data.

• A new method for detecting fraud.

• A new way to control a robotic device.

• A new video game.

Examples of non-patentable software inventions

Here are some examples of software inventions that are typically not patentable:

• A new programming language.

• A new user interface design.

• A new way to represent data.

• A new way to store data.

• A new mathematical formula.

Claim drafting

The way that a software invention is claimed is critical to its patentability. The claims should be drafted in a way that clearly describes the novel and inventive aspects of the invention, while avoiding claims that are too broad or that claim abstract ideas.

For example, instead of claiming a "method for image compression," a patent applicant could claim a "method for compressing images using a new algorithm that is based on wavelet transforms." This claim is more specific and less likely to be considered abstract.

Patent application process

Once a patent application has been filed, it is reviewed by a patent examiner. The patent examiner will determine whether the invention is patentable and whether the claims are properly drafted. If the patent examiner finds that the invention is not patentable or that the claims are not properly drafted, the patent applicant will have the opportunity to amend the application.

If the patent examiner finally approves the patent application, the patent will be granted. The patent will give the inventor the exclusive right to make, use, sell, or offer to sell the invention for a period of 20 years.

Challenges of getting a software patent

Getting a software patent can be challenging. The patent examiner must be convinced that the invention is truly novel and inventive, and that it meets the other requirements for patentability. Additionally, the patent applicant must be careful to draft the claims in a way that avoids claims that are too broad or that claim abstract ideas.

Conclusion

Whether or not you can get a patent for your computer software invention depends on a number of factors. It is important to consult with a patent attorney to determine whether your invention is patentable and to help you draft a patent application that is likely to be approved.

Additional considerations

In addition to the above, there are a few other things to keep in mind when considering whether to patent your software invention:

• The cost of obtaining and maintaining a patent can be significant.

• Software patents can be difficult to enforce.

• The patent landscape for software is complex and ever-changing.

If you are unsure whether to patent your software invention, it is best to consult with a patent attorney. A patent attorney can help you assess the patentability of your invention, develop a patent strategy, and file and prosecute a patent application.

Discover the patentability requirements for software inventions, and learn how to draft a patent application that is likely to be approved.

Related Content