Software patents

Software patents

What are software patents?

Software is the backbone of digitalization—from medical image processing and control systems to technical data analysis and process control. But when can software be legally protected? Patent protection is possible if software not only implements an idea but also solves a technical problem in a novel way. This is referred to as a computer-implemented invention (CII). 

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Software patents

Software and accessibility to patent protection

In general, innovations in the field of software are referred to as “computer-implemented inventions” if the invention uses a data processing device (computer) and has a feature that is implemented by a computer program. Computer-implemented inventions arise, for example, in the fields of databases and search engines, encryption and cryptography techniques, blockchain, and technical software for controlling processes or optimizing system architectures.

The German and European Patent Offices only grant patents for computer-implemented inventions if they solve a technical problem in a non-obvious way. Since the line between a mere idea and a concrete technical implementation is often blurred, patent applications in the field of software require precise and technically sound wording. Our firm's attorneys are experts in the relevant case law, particularly in the field of software, and have been actively shaping it for many years.

Our experts for software patents

Our experts for software patents

Since computer-implemented inventions play a role in a wide range of technical fields and the disciplines in modern science are increasingly converging, we deliberately work in interdisciplinary teams of our employees on such inventions.

Our services in the field of software patents

  • Advice on the accessibility of your innovation for patent protection
  • Development of technical protection claims: clear, legally secure, enforceable
  • Application to the DPMA, EPO, international (PCT), USPTO
  • Development of an international patent strategy 
  • Support in examination or opposition proceedings

 

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Advantages of Computer-Implemented Inventions

  • Protection for databases, search engines, cryptography, ERP software
  • In the field of software, our firm's attorneys are experts in the relevant case law
  • Interdisciplinary composition of our teams

Patentability of software

And what is a computer-implemented invention?

The biggest hurdle with software patents is the technical argumentation: the invention must be formulated in such a way that the patent office recognizes which specific technical task is solved by the software. In the case of computer-implemented inventions, it is not the program code itself that is protected, but the technical idea that manifests itself in a programmed solution. The program code is usually subject to copyright. Our law firm advises and supports you on the path to patenting your innovations in the software sector.

According to the German and European Patent Offices, a CII exists if a data processing system (i.e., a processor or computer) is involved, at least one feature of the invention is implemented by a computer program, and a technical effect is achieved (e.g., greater efficiency, security, stability, or speed).

Do you have a software solution with a technical core?
Then secure your legal advantage in software patents! Our experts will advise you on the accessibility of your innovation for patent protection.

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Advantages of User Interfaces

  • Database systems with technical optimization of access and storage
  • Blockchain protocols with improved transaction security
  • Cryptographic methods for authentication or data encryption
  • Control and regulation systems for machines or technical processes
  • AI-supported methods that control technical processes or enable image processing
  • Cloud platforms with technical load balancing or resource control

FAQ on software patents

Frequently asked questions about software patenting

Frequently asked questions about software patenting

Is software even patentable?

Yes - provided that it solves a technical problem in a novel way. The German and European Patent Offices allow software patents if they achieve a technical effect and go beyond mere calculation rules.

How much does a software patent cost?

The costs for a national patent application, including law firm fees, start at a mid-four-figure amount.

Which software solutions are particularly frequently patented?

Frequently patented software areas include: cryptographic methods, cloud infrastructures with technical control, blockchain technologies, AI-supported methods for image processing or process control, control and regulation systems for machines, optimized database systems, and technical interface protocols.

How can I check whether my software is patentable?

During an initial consultation, our patent attorneys will check whether your idea meets the criteria for a software patent, including an assessment of the patent strategy.

What role does technical effect play in software patents?

It is the central criterion. Only software with a specific technical effect (e.g., acceleration, efficiency, control) is patentable.

Can a graphical user interface (GUI) be patented?

A GUI can be patented if its features contribute to a technical effect in the context of the invention that serves a technical purpose. This is particularly the case if the user interface objectively and reliably supports the user in performing a technical task through guided human-machine interaction.

What is the difference between copyright and software patents?

Copyright protects the source code, but not a technical concept. The patent protects the technical solution independently of the code.

Can an app be patented?

An app can be patented if it solves a technical problem using technical means and thereby achieves a specific technical effect. This effect can consist, for example, of efficient memory addressing or hardware-related implementation. Pure business methods or organizational processes are not patentable.

How does a software patent application work?

Our law firm first checks whether your software invention is eligible for patent protection. We then prepare a technical description and submit the application. We accompany you through the entire examination process.

What happens if someone infringes my software patent?

You can take legal action against patent infringements—for example, through a warning letter, preliminary injunction, or lawsuit. We represent you professionally in court or in settlement negotiations.