There is one key question tech founders often ask about patents. Can you patent code? Many people find this shocking. The answer to this is simple. There is no direct way to patent code, but it is possible to patent an invention that uses software or the innovation performed by software.
Key Takeaways
Essential to know all of this information because software is a key asset of any modern enterprise. Software is used to build applications, artificial intelligence systems, and other products. Entrepreneurs who understand the essence of IP have much greater opportunities on the market.
The problem arises because of the position that software is found in relative to several other forms of legal protection. Determining how to use these protections will affect the ability of your competition to duplicate your invention.
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Contact John Rizvi and craft a plan for patenting software. Get your software protected as soon as possible!
Code vs Software Patents: What is the Difference?
When startups ask if software code can be patented, they generally refer to software. However, there are some distinctions between software and code according to patent laws.
Code refers to coding instructions that a computer understands. Your creation enjoys copyright protection automatically. Other programmers cannot plagiarize your code directly.
Patenting has more to do with function. You need to create something innovative in processes or systems. If your software solves any technical problem in a novel way, it may be patented.
Compare code to a recipe. You are protected against copying your recipe word by word by copyright. The novel technique used in preparing your dish can be patented.
Patent Protection vs Copyright Protection
| Protection Type | What It Protects | Duration |
| Copyright | Specific source code | Life of author plus 70 years |
| Patent | Functional invention | Up to 20 years |
| Trade Secret | Confidential methods | As long as secrecy remains |
That is why the discussion on patents and software confuses many founders.
Why Can a Software Invention Be Considered Patentable?
Several aspects need to be considered for determining if a software patent is a good option.
Generally, for a software invention to be patentable, the following should be true:
- Novelty. The software invention needs to be novel.
- Non-obviousness. There should be some non-obvious improvement in the invention.
- Usefulness. The invention should produce a practical effect.
- Subject matter eligible for patent. The invention must involve more than just an abstract idea.
Many founders often concentrate on the programming aspect of a software invention. On the other hand, a patent examiner concentrates on the problem addressed technically, and the solution provided technically.
An elegant software invention that increases system efficiency can be more promising in patent terms than thousands of lines of ordinary code.
Advantages and Disadvantages of Patenting Software
Advantages
- Provides intellectual property rights.
- Helps in valuing the company.
- Prevents others from stealing your innovations.
- Facilitates licensing.
Disadvantages
- Can involve high filing costs.
- Involves a long examination period.
- There is no guarantee of approval.
- Patent enforcement can be costly.
The founders need to consider both aspects before filing their patent.
Expert Tip
“Founders tend to discuss features when talking about inventions. Lawyers look at the technical aspect. In preparation for your patent interview, talk about your software’s unique solution and the problem it solves.”
Saad
WordPress Developer
What is the Cost of a Software Patent?
Patent cost will always remain a problem for startups.
The cost of the patent filing process depends on the complexity of the invention and the lawyer you hire. In general, software patents range between $10000 and $25000. The costs are much higher for complicated inventions.
The cost increases during the examination period if the Patent Office rejects the application.
Even though it appears quite expensive to most people, patent portfolios are considered very valuable business assets by many investors.
Developing an Effective Software Patent Strategy
Great founders look beyond filing a single application.
- Begin by creating documentation of innovation at its early stages.
- Note problems, solutions, and progress.
- Documentation can serve as proof for establishing the invention’s parameters.
- Then find the invention. Look for innovations and what makes the technology unique rather than list features.
- Consult with seasoned patent lawyers.
Patents need accuracy. Successful software patents emphasize technical advantages and predict competition to come. Taking time will prove more efficient than rushing.
Concerned about software infringement?
Contact John Rizvi to evaluate your product and take advantage of patenting before your competitors join the market.
Conclusion
Can you patent code? It is possible to patent the technical processes or systems created using the code. Founders should understand the difference between patenting and copyrighting software to their own advantage. A thorough understanding of how patents apply to technology can help companies ensure their innovations attract more funding and create a competitive advantage.