Collier Legal

Software Patents

Software patents seek to protect new software applications that frequently arise. Many innovators create new software applications and seek IP protection on their apps. However, there are specific hurdles that must be crossed before a software patent can be granted.

software patent tool

The Issues With Software Patents

Software applications face a unique patentability issue. Most software applications utilize computer processors to automate human tasks or process data. The computer already exists, and a method of processing data or automating a human task is not patentable. Thus, something more is needed to obtain a software patent. 

What Types of Software Patents Can Issue?

Software applications can issue when directed towards an improvement to the computer itself, the design of a user interface, or when incorporated into another invention. 

An improvement to the computer could increase processing speed, security, or another aspect of the computer. 

The software application’s aesthetic design could be patentable as a design patent. However, this will only protect the look of the application, and will not provide functional protection.

A software application can also be incorporated into another invention or system as a limitation. For example, a business method may include the use of a new software application. When drafting claims for the business method, one claim could limit the business method to being used with the new software application. 

Patent Attorneys With Software Patent Experience

Our patent attorneys have experience drafting and prosecuting software patent applications. We’ve pursued software patents under all three variants above, overcoming the patentability issues with software applications. 

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