Can you get a Patent on Software?
Software patents are amongst the maximum number of patents filed as far as technology domain is concerned. Microsoft and IBM with their big-data are amongst the top contenders. Acquisitions of certain start-ups and companies have taken place by technology giants just because their software technology that has been patented.
It is important to know that simple logic or an algorithm cannot be patented rather the software needs to contain instructions that are being employed by components in order to achieve the desired task for it to be patentable.
Most of the infringement cases of the near past on software, be it Apple, Inc. vs. Samsung, Enfish LLC vs. Microsoft, McRO v. Bandai Namco Games America etc and many more have all shed light on the limitations to get patents secured in this domain. The patent eligibility of software has to pass through litmus test done by the examiner and only upon that will the patent be granted. Even upon grant patents may be challenged regarding the validity of the same through different prosecution based tools that are available with the respective patent offices.
As the world is progressing towards automation, cognitive learning, artificial intelligence, programming and many more technologies, software plays a crucial rule and thus needs to be protected with every available tool of Intellectual property protection including that of the patents, which may be an uphill task.
This may have become a smooth process under the guidance from a Patent expert who is well versed with the technical nitty-gritty of the software domain along with the latest developments in the field of Patents with the requisite experience to help overcome the objections and obtain the patents. We at Singhwal, have Attorneys with the right experience to guide you through all the required aspects of patent protection for software-related inventions.