How to File Software Patents

If you are wondering how to file software patents, you’ve come to the right place. Here are the basic requirements and what to expect. We’ll also discuss cost, issues, and challenges as you work to patent your software. Continue reading to learn more. And as always, feel free to ask us questions. We’re always happy to help! In the meantime, get started! The next step is deciding whether your invention is patentable.

Basic requirements

If you’re considering filing a software patent, there are a few important requirements that you should keep in mind before you start the process. Patenting software is easier than it sounds. While the USPTO has some very specific rules regarding this type of patent, it’s important to understand what they’re requiring in order to qualify for a patent. Below are the main requirements you’ll need to fulfill in order to get your software patented.

The first requirement is thoroughness. When filing a software patent, you must ensure that you’ve described the invention in detail. Even minor variations can affect the patentability of your invention. To get the most out of your software patent application, you’ll want to consult with a patent attorney. During the initial stages of the process, you’ll need to search for other similar patents to make sure yours is unique.

Secondly, you’ll need to know how to implement the invention. While it’s not necessary to submit a raw, uncompiled version of the software, you must explain how it’s implemented. A software patent application is often difficult to amend once filed, so it’s best to hire a professional. The application draft will be your most important tool during the patent examination, so make sure you do the right thing before filing.

A software patent requires a computer program or another device to perform its function. While this may seem like copyright, it’s actually the functionalities of the software that are important. A patent covers the results that the software delivers. In other words, it protects your software, as long as you can prove it works. If you can prove that the software you created is useful, you’re on your way to being able to sell it.


Software patents are a useful way to protect your intellectual property, but they can be expensive. The process of filing a patent usually costs between $30k and $50k over the lifetime of the patent in the US. Additionally, you will need to invest time and money in the preparation and prosecution of the patent. To avoid unnecessary expenses, consider hiring a patent attorney. The cost of filing a software patent will depend on how complex your invention is and whether you need a patent attorney to prepare the application.

Software patents are expensive, so you need to carefully consider your expenses and your software’s value. It can be quite beneficial to obtain a patent for your invention, but you should consider whether or not you’re likely to make a good return on investment. If you’re just looking to make a few bucks from your software, a patent may not be worth it. On the other hand, if you’re planning to sell or license your software, it may be worth it to invest the money in a patent.

Once you have a patent for your software, you’ll need to pay for its review by the U.S. Patent Office. This review process takes about 18 months. During the first review, a majority of applications are rejected. After the first review, the cost of a response to a rejection is about $3500. Depending on your circumstances, you may get one to three rejections, but the costs are not excessive.

Depending on the complexity of your product, filing a patent can cost anywhere from $5,000 to $16,000. Using a patent attorney will cost you anywhere between two to three thousand dollars. If you hire a lawyer to help you with your patent application, expect to pay between $5,000 and $10,000. The cost of legal fees will be based on their experience and how long it takes them to prepare the application. You should choose an attorney who charges between $200 and $400 per hour.


There are several important issues to consider before filing a software patent. Because software is often complex, defining it in the appropriate way is difficult. Software-related inventions are largely abstract, making the application of the patent system inappropriate. To avoid this situation, software developers should consider drafting claims that capture the basic function of the invention, rather than simply rehashing its basic description. Here are some of these issues:

Patent law varies for different types of inventions, and software patents are no exception. Despite its broad coverage, software patents are extremely complex, and the lack of clarity can make it difficult to decide what strategy is best for your product. In the end, your product or company may die because of the uncertainty. Here are some of the most common software patent issues to avoid:

Invalidity and lack of market value: One of the biggest issues when filing software patents is the lack of protection for the invention. The software patent system is inherently unsustainable. EFF has launched a campaign called Defend Innovation that proposes 7 reforms. It has also solicited input from Internet users. These proposals can address software patent problems and help keep the software industry competitive. So, what are the best ways to solve the software patent problem?

Patent pendency: When filing software patents, it is important to remember that the patent term is too long. Especially when software improves a computer’s functions, patent pendency may be excessively long. Therefore, software companies should consult a patent attorney before filing a software patent. The right patent attorney can ensure that your invention is protected and stays on track. In addition to making sure your invention is unique, a patent attorney can help you to define what constitutes a “novel” invention.


The U.S. patent system treats all innovations equally, regardless of industry. However, innovation in software differs significantly from innovation in other major industries. The system is prone to significant friction as a result. The challenge of patentability has only been partially overcome, and many challenges to software patents are still ongoing. In this article, we’ll discuss some of the challenges to software patents. Listed below are a few of the most significant.

First, software engineers create fanciful jargon. For example, Netscape invented the term cookie, a data item that stores server state in a client’s HTTP browser. However, a software patent holder may not even own the code that enables that function. Thus, developers may be prevented from improving their menus because another developer holds a software patent for the same function. This can limit innovation.

Second, software packages contain thousands of separately patentable processes. These processes may overlap with existing patents. Furthermore, because these processes are often interdependent, software developers may find it difficult to excise processes that are already built into the original programs. The issue of patent infringement is thus more widespread than many realize. In this article, we’ll discuss the various challenges to filing software patents. You can follow along with the discussion in the remaining articles.

Third, software is hard to reverse engineer, and the source code isn’t available for public download. There is also no standard naming convention for software. These attributes make it difficult to determine the validity of software patents. In addition, it can be difficult to identify prior art and determine whether or not a given software was disclosed in the public domain. Moreover, software patents are often invalid, meaning that the defendant is likely to litigate the case through a trial.

Getting a patent

Getting a software patent is not as difficult as many people think. After all, software developers have been doing it for decades. Nevertheless, software patents are often too expensive and too difficult to obtain. Here’s what you should do to increase your chances of winning a patent. If you’re unsure of how to file your software patent application, here are a few tips for you:

First of all, a software patent is an intellectual property, which means it has unique properties and is protected by law. This is different from a patent for a piece of furniture or a car. However, software patents can help you capture attention from investors, boost your company’s brand image, and demonstrate the novelty of your technology. Software patents also showcase the depth of your resources and innovation. It’s definitely worth the time and money.

Another important step in obtaining a software patent is describing the overall design of your software invention. By describing your invention in great detail, you can ensure that you’re getting the maximum protection possible for your software. In order to properly protect your software, you’ll need to look at your invention from different angles. By using the proper design information, you’ll be able to describe the software’s overall functionality.

Software patents can be difficult to obtain, but they’re possible. The first step is to make sure that you’re creating a complete description of your invention, and that your patent application was written with Bilski in mind. This will increase your chances of success. In addition, a software patent search will uncover any prior art, or software that has similar features to yours. That way, you can protect your software and your ideas.