Intanify Insights

The Myth around Software Patents

Written by Marios Georgiou, Head of Knowledge | 3 October, 2023

Are you under the impression that software can’t be patented? If so, that’s not true in practice.

While software is technically excluded from patentable subject matter, this is more of a technicality than anything else. You can get a patent for software as a “computer-implemented” invention. This protects not the code itself, but rather the procedures and systems created by the code.

yes — it’s very possible to protect inventions that are implemented by software using a patent, but this comes with a proviso: that **the invention solves a technical problem — [Murgitroyd]

There are tons of benefits to patenting software. For starters, it provides legal protection for your software, which might be your company’s biggest asset. Plus, since you’re protecting the system rather than the code itself, if someone tries to recreate your system in a different language, they could still be infringing on your patent. With a valid patent, your competitors won’t be able to use, copy, or sell your software without your permission. That kind of protection gives you a major leg up on the competition.

Another great thing about software patents is that they can boost the value of your company. 

Patents are valuable assets, and having them makes your company more attractive to investors and potential buyers. 

Plus, patents can establish your company as a leader in the industry, which can lead to more partnership opportunities.

Just remember that if you’re looking to patent your software, you’ll need to work closely with a qualified patent attorney to make sure your application is viable. And while patents can be a great tool, they do require some work to maintain. But if you’re willing to put in the effort, a software patent can be a real game changer for your business.

You can protect your software with a patent. Just make sure your invention solves a technical problem, and you’ll be good to go.

With a patent, you can stop your competitors in their tracks by making them unable to ship their product or components of it, protect your first-mover advantage, and leverage your position in the industry. We’ll cover these advantages and many more in future posts.