Can You Patent Software or an App? Here’s What You Need to Know

Can You Patent Software or an App? Here’s What You Need to Know

We are asked routinely whether it is possible for a business or individual to patent software and obtain legal protection for it.

In today’s tech-driven world, software and applications are at the heart of many innovations.

If you have developed a new piece of software or an application, one of the first questions you may ask yourself is: Can I patent this?

The answer to patenting software is “yes”, under specific circumstances.

Software and applications can be patented, but the rules are strict and not all software inventions will qualify.

This post will provide you with an overview of what makes software and applications patentable, examples of what can and cannot be patented and why pursuing a patent could be crucial for protecting your innovation.

What Makes Software Patentable?

For software or an app to be patentable it needs to meet specific criteria.

A patentable invention must provide a technical solution to a technical problem. This means the software or application should offer something beyond a simple business method or abstract idea—it must contribute to the way technology functions.

In the UK and Europe, the United Kingdom Intellectual Property Office (UKIPO) and the European Patent Office (EPO) generally follow these core rules when assessing whether software is patentable:

• The invention must solve a technical problem: the software or app should provide a solution that is technical in nature, such as improving performance, accuracy, or efficiency in a specific technological field.
• The invention must be new and inventive: the software or app must be something genuinely original, not just an obvious extension of existing technology.

What Software and Applications Can be Patented?

Some types of software and applications are more likely to qualify for a patent because they clearly provide a technical solution. Here are a few examples:

1. Error Detection and Correction Systems

Example: Software that detects and corrects errors in real-time within a machine’s operation or manufacturing process.

Why it is Patentable: This software offers a clear technical solution by improving the machine’s functionality and performance through automation, which enhances the efficiency and reliability of industrial processes.

2. Data Compression Algorithms

Example: Software that uses a novel method to compress large data files, making transmission over a network faster and more efficient.

Why it is Patentable: Data compression contributes to the field of data storage and transfer, addressing a technical problem by reducing bandwidth usage and improving the speed of communication systems.

3. Security Protocols and Encryption Methods

Example: A new cryptographic algorithm that enhances the security of financial transactions over the internet.

Why it is Patentable: This software clearly addresses a technical issue—securing data in transit—which is a key challenge in many industries, including finance and healthcare.

4. Medical Devices with Software Control

Example: Software embedded in a wearable medical device that monitors and regulates a patient’s heart rate in real-time.

Why it is Patentable: The software interacts with hardware (the medical device) to solve a technical problem in the field of healthcare, improving patient care and safety.

5. Innovative User Interfaces

Example: A touchscreen interface that interprets user gestures in a more efficient way than existing systems, allowing users to perform tasks faster and with fewer errors.

Why it is Patentable: While user interfaces are often seen as design features, if the interface improves the way the system operates (e.g., faster processing or higher accuracy), it may be considered a technical contribution.

What Software and Applications Cannot Be Patented?

On the flip side, not all software or applications will qualify for a patent.

The most common reason for rejection is that the software doesn’t meet the technical requirement.

1. Pure Business Methods or Abstract Ideas

Example: A mobile app that tracks expenses for small businesses and generates basic reports.

Why it is Not Patentable: While useful, this type of app does not offer a technical solution. It is simply performing a series of financial calculations or presenting information in a specific format. The UKIPO and the EPO would likely reject this as a “business method” or “computer program as such” – both of which are excluded from patent protection.

2. Software That Automates Standard Tasks Without Technical Improvement

Example: A scheduling app that automatically assigns meeting times based on availability.

Why it is Not Patentable: The app automates a standard administrative task but it does not solve a technical problem. Without a technical contribution (like improving the efficiency of processing data or introducing a novel way of managing the schedule), this would likely be excluded from patent protection.

Why Patenting Software or an App Is Important

If your software or app qualifies for a patent, securing this protection can be a significant competitive advantage.

A granted patent gives you exclusive rights over your invention, preventing competitors from using, selling or reproducing your technology without permission.

This protection can be especially valuable in the tech industry, where intellectual property is often a company’s most valuable asset.

For start-ups and small businesses, having a patented software solution can make your business more attractive to investors, partners and/or potential buyers.

Patents can also provide a defensive strategy. Should a competitor try to copy your innovation, a patent can give you the legal grounds to stop them.

The Patenting Process for Software and Applications

The process of applying for a software patent can be complex.

It involves preparing a detailed patent application that clearly explains the technical problem your software solves and how it does so in an innovative way.

Here are the main steps:

• Patent Search: Before applying, it is recommended to conduct a patent search to ensure your invention is new and has not already been patented by someone else.
• Drafting the Application: Your Patent Attorney will prepare your application, which will precisely define the scope of your invention. This will need to include a detailed description of the problem your software solves, how it solves it and at least one working example.
• Filing the Application: Once your application is ready it is submitted to the patent office.
• Prosecution and Grant: The Patent Office will search and examine your application. This process can take some time as your application is reviewed and assessed against the patentability criteria. If your application is successful, the patent will be granted, giving you protection over your invention for up to 20 years, as long as you maintain it.

Need Help? We Are Here for You

SH&P understand that navigating the world of software patents can be daunting.

Our team of experienced patent attorneys specialises in helping businesses and innovators protect their software and app-based inventions.

Whether you are at the early stages of developing your technology or ready to apply for a patent, we can guide you through the process and ensure your invention gets the protection it deserves.

Get in Touch Today

If you’d like to learn more about whether your software or app could be patented, or if you’re ready to begin the patent application process, contact us at SH&P. Our team is ready to help protect your innovation and give you the peace of mind that comes with knowing your intellectual property is secure.