Wondering how to patent software in 2025? In today’s digital age, software is at the core of solving everyday problems. We have software or apps for nearly all the issues that we encounter on a regular basis. Software has simplified many essential functions of our lives such as booking an air ticket, transferring money to others, reserving a seat at a restaurant etc.
However, companies that develop software need to ensure that other parties are not making the same software and are making a profit out of it. Intellectual Property protection becomes significant in this context.
Since the software can offer a novel solution to an already existing problem, patents can be considered ideal for intellectual property protection. Obtaining a patent is a complex process but it can be simplified with the help of patent experts.
In this blog, you can learn about the nitty-gritty of registering and protecting software patents:
Obtaining a Patent: A Brief Introduction
Inventions are protected from unauthorised usage through patents. Patents are a type of intellectual property that grants inventors exclusive rights over an invention and prevents others from using it without their permission.
An invention is eligible for patent protection if it is,
- Novel
- Useful (capable of industrial application in some countries like the UAE)
- Must be non-obvious (involve an inventive step)
What Is a Software Patent and Why It Matters
A software patent is a utility patent that protects the intellectual property rights of a software invention. When registered as a patent, the inventor gets exclusive rights to the that software invention. A software patent can include algorithms, methods, processes, or unique functionalities implemented in a computer program.
Can I Patent a Software? The Billion-Dollar Question
Yes, you can patent software to safeguard your invention. Software patent registration offers protection for technical innovations that solve real-world problems using computer programs. However, the software invention must offer a solution to a technical problem to be eligible for patent protection.
Software Patent Requirements: What You Need to Register a Patent
The following three conditions must be met to get patent protection for a software invention:
- Novelty
Your invention must be the first of its kind. It should be a novel invention that was not disclosed to the public or patented previously. You must demonstrate that your software is novel in your patent draft. This can be accomplished by conducting a prior art search.
- Non-obviousness
Non-obviousness or the inventive step means the invention should not be “obvious to a person skilled in the art, having regard to any matter which forms part of the prior art base.”
When applied to computer software, it means the software in question should be non-obvious to the other developers in the field of software development.
- Usefulness
Software inventions must be useful to gain protection as a patent. Your patent application must describe the way the software must be used and show the software achieves its intended purpose.
What Kind of Software Can Be Patented?
Software innovations that are more technical have more chances of obtaining patent registration. For example, if your software is programmed to perform tasks on a regular computer that a normal person can do with a pen and paper, it will not be patentable.
On the other hand, it is more likely to be patented if the software can create a technical effect or technical improvement over existing computer systems.
Copyright vs. Software Patents: Which Is Better for Protecting Your Code?
Copyright is another form of intellectual property that pops up every time we talk about protecting software. Let’s explore some of the key differences in the protection offered by both types of intellectual property:
Copyright Protection for Software: All software is made up of codes written in programming languages such as JAVA or PYTHON. Copyrights prevent others from copying the software code. However, if someone decides to develop the same software independently (without copying), you cannot stop them with copyright protection.
Patent Protection for Software: Patents give you the legal rights to exclude others from performing the functional aspects of the software in question even if a competitor has developed the same software.
Things to Remember Before Patenting Software
Follow these steps to navigate the patenting process:
1. Document Your Invention
You can start the patent process by carefully documenting the software invention. Ensure accurate descriptions, use cases, flowcharts and algorithms are included.
2. Conduct a Prior Art Search
You need to ensure that your invention is not identical or similar to those made by other developers. A prior art search will help you eliminate this risk. Our specialists can help you with effective patent searches.
3. Hire a Patent Specialist
The patent process in any jurisdiction is complex and may take time. You can seek the help of a patent firm to make the process hassle-free.
4. Draft a Patent Application
Patent drafting is the most critical phase of the patent registration process. An effective patent application should contain the following elements:
- Patent specification (this section should have the title, background, summary, description of drawing (if any), and detailed description)
- Patent claims
- Patent drawings
- Patent abstract
5. File Your Application
Once ready, you can file the application to the relevant patent office.
6. Patent Examination
The patent examiner will review your software invention for its novelty, non-obviousness, and applicability.
7. Patent Grant
If the invention meets all the criteria, your invention will be granted a patent. A patent maintenance fee must be paid to the patent office to keep it alive.
Benefits of Patenting Your Software
The benefits of patenting your software include:
- Ability to initiate legal action against patent infringement
- Ability to have protection for your software for 20 years
- Gain the upper hand while negotiating with potential investors or partners
- Have financial gains by licensing your patent
Examples of Software Patents
The following are some real-life examples of patents granted to software inventions:
- Airbnb software: Updates booking entries for accommodation listings (patent issued in the US in 2020)
- Coinbase Instant Exchange: Describes a system and method for Bitcoin transactions (patent issued in the US in 2020)
- Facebook Dynamic mask application: Provides different masking options for Facebook users (Pending with US Patent and Trademark Office)
Robust Protection for Intellectual Property Assets
Need help patenting your software in 2025? The experts at Abou Naja Intellectual Property can guide you through the software patent application process — from prior art searches to final registration. Contact us today to secure your software IP rights and avoid costly infringement issues.
We have been helping companies of all forms and sizes for over 50 years. Our professionals can advise you on patents, copyrights, industrial designs and trademarks. Get in touch with us at [email protected] for all your intellectual property requirements.
