Can Software Be Patented? Everything You Need to Know

In this post, we break down whether software can be patented, how it works, what’s allowed, and what alternatives exist to protect your intellectual property.

Can Software Be Patented? Short Answer

Yes, but with limitations.
Explain that software is patentable in many countries, as long as it meets specific criteria, like technical contribution or practical application.

Legal Perspective (U.S. and International)

• United States (USPTO):
  Software must be novel, non-obvious, and useful, and usually tied to a technical process.

• Europe (EPO):
  Software as such isn’t patentable unless it has a technical effect (e.g., improves computer performance).

• Other countries: Provide a quick note on Canada, India, etc.

(Cite sources like the USPTO, EPO, and WIPO)

What Kind of Software Can Be Patented?

• Cryptographic algorithms with unique architecture

• Machine learning models with novel training processes

• Unique data processing methods

• Smart contract logic (if novel)

What Cannot Be Patented?

• Abstract ideas

• Algorithms alone (math formulas)

• UI/UX without functionality

• General-purpose code without innovation

Alternatives to Software Patents

• Copyright: Protects the actual code

• Trade secrets: Keep proprietary algorithms private

• Licensing: Control how your software is used

• Trademarks: Protect product names/branding

How to Patent Software (If Applicable)

Steps:

1. Document everything

2. Do a prior art search

3. File with a patent attorney (recommended)

4. Wait for examination process

Conclusion

While software can be patented, it’s a nuanced process. Whether you're building a SaaS tool or deploying smart contracts, understanding the legal boundaries of software protection is crucial.

Want help protecting your tech stack or assessing patentability? Reach out to our team or explore our consulting services.