Can you patent software?

Question

I am developing new software and have been told it will be difficult to patent a software invention. Is it true?

Answers: 2 public & 0 private

Anthony alder
Patent Attorney

Hi, you also need to confirm what countries that you plan to file the software patent in? Europe has a general prohibition against them and China has a limited prohibition so that the application must include a technical (usually hardware) feature.

Jeff formal photo med
Patent Attorney

Hi, the law surrounding software patents continues to evolve. Given the recent Alice Corp. case decision by the United States Supreme Court, it is likely that your software invention must represent more than just an abstract idea or series of steps to qualify for 35 U.S.C. 101 subject matter eligibility. I would be happy to assist you further.

Regards,
Jeff Schell, Lead Counsel, Rocky Mountain Patent

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