When Should You Patent Your Software Application

So, you’ve got a software application idea and wish to protect it? Since you are the inventor and would like to build your idea into a business, you may want exclusive rights over it. Therefore, you decide to patent your software.

The decision of patenting a software application brings to mind several questions like how and when to do it. Unlike other products, patenting a software application can be tricky. The complexity of defining the invention and the rules governing software patents could make it complicated. Here is a guide to patent your software that will help you answer the how and when of it.

The first step is identifying whether or not your invention qualifies as a patent. To qualify for a patent, your software must pass these criteria –

Inventiveness

Patents can be obtained for any new and inventive product, the composition of matter, machine, processes, and any improvements over these. Software or a process must be inventive to qualify as a patent. Being inventive means it must offer a real solution to a technical problem. Your software may have various combinations of algorithms or processes. Identify the patentable processes within your software. Make sure they solve a problem and there is some value in it for the public.

Novelty And Non-Obvious

Inventiveness was just one part of the eligibility criteria. While your software may meet the inventiveness requirement, if the solution provided by it is not novel or is obvious to those within the industry, you may not acquire patent registration. Make sure the software is innovative, i.e. never heard of and also not predictable enough by people working in the area.

Functionality And Not a Mere Idea

Mere ideas cannot be patented. The software must be something that has industrial use. For example, the ‘idea’ of a new machine cannot be patented, but the new machine itself qualifies for patent registration. To qualify the functionality concept, it is important that your software is tied to a physical component like a computer. A tangible product is vital when patenting software. Hence, your software must be a process that can be implemented through a physical device.

If your software qualifies these requirements, it may be eligible for patents. You may want to obtain the assistance of a patent agent to help you identify patentable processes.

When To Patent Your Software

While your software may have patentable elements, there are various other factors that need to be considered before you prepare a patent application. This includes factors like –

• Is your software developed? If not, then you may have to wait before you can get patents
• Does it impact people’s lives in ways that they would be ready to invest in the software?
• The software’s lifespan, the cost of patents, and more.

While considering patentability does offer some clarity on the utility of the software, it may not be enough. You may think your invention has great utility and a long lifespan, but it may not be the case. Understanding your market, the needs of consumers and the success rate within your industry are all important when determining if filing for a patent is a viable decision. It  can be beneficial to have your software developed before you apply for a patent, however it may not be necessary. If the software is already developed, the overall process and various steps may be easier to describe.

Careful thought is vital before you decide to patent your software. The strength of your invention to its utility and the time, effort, and money invested must be considered. Whether you are a first timer or have a lot of experience with patents, it is often in your best interests to hire a patent agent to guide you through the process.