Is it worth patenting a software product?

Question

Is it worth patenting a software product when someone can make a simple modification and patent something very similar that basically does the same thing? I would assume for financial reasons alone you cannot patent all the possible variations of your technology. How do we make a cost-benefit determination?

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Answers: 2 public & 0 private

Jerry stanton
Patent Attorney

The scope of your patent protection is determined by the claims. Patent attorneys try to draft claims that are difficult to design around, whether technologically or by making the design-arounds we anticipate economically less competitive. But the claims are typically amended and narrowed during the examination phase so at the time you make the patenting decision there's no way to know how broad your eventual patent coverage might be, or how hard it would be to design around your claims. Sorry, but that's just how the patenting process works.
BTW, if someone makes only a simple modification to yours, theirs is not patentable if that modification is an obvious one.

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