For software or an app to be patentable it needs to meet specific criteria. A patentable invention must provide a technical solution to a technical problem. This means the software or application should offer something beyond a simple business method or abstract idea—it must contribute to the way technology functions.
A software invention, for example, could be protected under copyrights (how human expression authored computer-readable code), patents (a useful, novel, and non-obvious method, device, or system), or both.
The real question is whether software-related inventions can be patented. The answer to this question is YES!
The simple answer is yes, you can patent software. However, there are strict rules to follow as to what software or software-related inventions can be patented. Let's begin by taking a brief look at what the requirements for obtaining patents in general are before applying these rules to software.
The short answer is no. You cannot patent an idea, only an implementation. These generally fall into one of the categories of a process, a machine, a manufacture (combination of materials to make something new), or a new composition of matter (chemicals or drugs).
Yes, you heard it right! Your apps and app ideas can be patented, with the only condition being to meet the eligibility criteria of novelty. However, please note that the app code cannot be patented, as it falls under the category of law covered by copyrights.
How do I protect software with a patent? If you want to protect your software through the patent system, you must submit a patent application. Your application must describe your invention in detail (the specification), should include drawings, and must truthfully name the inventors of the invention.
If you want to protect your software through the patent system, you must submit a patent application. Your application must describe your invention in detail (the specification), should include drawings, and must truthfully name the inventors of the invention.
Patents are typically granted for inventions that fall into the following categories: A process: A process patent encompasses a series of steps or methods that lead to a specific outcome. This outcome can be the production of a product, the execution of a particular task, or the achievement of a desired result.