If you have developed a piece of software that you want to make sure is protected under patent law, then The Patent Professor is here to help. There is no legal definition of a software patent, and will be filed under a utility patent, but it is still important to know that the patent attorney you are using is experienced with software and understands the technology. Read more about software patents below, and about how The Patent Professor will work to file your patent with you. Contact us today to begin the process immediately.

What Is a Software Patent?

A software patent is defined as a program that is used by a computer. Therefore, a software patent is a legal device meant to protect your intellectual property against being replicated by competitors. In order to be eligible for patent protection, your software must meet a series of criteria:
  • The software must be new, novel, and unique
  • The software must be useful
  • The software cannot be something that already exists, and needs to be significantly different than existing patents to be acceptable
In addition to this criteria, you will not be allowed to patent abstract ideas that hinder other development. You must very clearly define any idea you wish to patent, so that the United States Patent and Trademark Office (USPTO) does not reject your application.

How Can I Use My Software Patent?

If you are issued a patent for your intellectual property, you then have full control over the distribution and use of your software. This means that you can issue licenses for your software for commercial distribution, on enterprise scales for large businesses, or anything else you wish. In addition, you will be able to issue Cease and Desist warnings to anyone who is infringing on your software, by building a business around unlicensed IP, selling copies of your product, or anything else that is disallowed by your patent protection.

How Long Does My Software Patent Last?

Like all Utility Patents, you are given 20 years of exclusivity.

How Can The Patent Professor Help?

The Patent Professor has over 20 years of experience helping inventors get legal protection for their intellectual property. We can help you, too! Whether you are very familiar with the patent process, or are beginning your first application, it is always helpful to have a professional to ensure that you are submitting complete information, and that your patent is likely to be approved.

Patent Research

Our understanding of the standards that the USPTO holds for patent applications, as well as how they determine what is novel and new, is an enormous asset for our clients. We will research all existing patents to determine the likelihood that your application will be approved before we begin the process. It is important to do this research, so you do not go all the way through the application process and realize that it was very clear you would never be approved.


A complete patent application is an extensive collection of documentation that must meet very strict standards. There is nothing more frustrating than having your patent application rejected because of a procedural error, and when we are working with you, you can be sure that we have double-checked every piece of information to avoid any such issue. While we are working on this, you will be able to take back your valuable time and focus on how you will capitalize on your software and take advantage of your legal protective status.

Patent Approval

Once you receive the approval for your software patent, we will work with you to ensure that you fully understand how to use your patent. Patents are issued in the United States to support business growth and development, so that inventors are able to take their product to market without the fear of bigger companies simply stealing their intellectual property and using their enormous cashflow to build it faster. We want to be sure that you understand your rights and use them to your full advantage.

Contact Us Today

If you believe that you have invented a unique piece of software and want to explore your legal options to protect it, contact The Patent Professor today. We will be happy to help you through this process, and get you one step closer to your dreams.