Why Should You Hire an Attorney to Obtain a Software Patent?
Software inventions raise questions that hardware inventions do not. An algorithm, a data structure, or a user interface improvement must be described and claimed in a way that survives Section 101 patent-eligibility scrutiny while still covering the actual technical advance that a competitor could copy.
An experienced software patent attorney evaluates whether an invention is patent-eligible, identifies which parts of a codebase or system architecture are worth protecting, drafts applications that withstand examination, and builds a portfolio as the product evolves.
Software Patent Services
From a new platform to an existing codebase to an evolving product portfolio, Sleman & Lund LLP offers patent and intellectual property services to support software innovators at every stage.
Software Technologies We Serve
Our software and electronic hardware patent experience spans a broad range of technical fields.
Computer Networks & Cybersecurity
Network architecture, intrusion detection, encryption methods, biometric security, and data protection systems.
Internet, Wireless & Web-Based Apps
Wireless communication protocols, mobile applications, cloud-based platforms, and web-based application architecture.
Imaging, Voice & User Interfaces
Voice recognition, image processing, operating systems, and user interface design.
Artificial Intelligence & Emerging Tech
Machine learning models, optimization algorithms, cryptocurrency and blockchain systems, and brain-machine interfaces.
Databases & Data Processing
Database structures, deconvolution methods, data compression, and large-scale data processing systems.
Hardware & Connected Devices
Circuit boards, circuit breakers, electrical connectors, wireless locators, drones, and electrochemical batteries.
What Our Client Says
We’ve worked with Sleman & Lund for a few years now after a close friend recommended them. Having dealt with other patent offices in the past, I can say Peter is by far the best. He is creative, incredibly responsive, and thorough, making everything move so much faster. It's a huge relief to know we’re in good hands, and we’ll definitely continue using his services. Highly recommend!
Omri Loutz
The team at Sleman & Lund LLP and specifically working with Peter has been a great experience. He really knows how to navigate the patent process and successfully secured the protection we needed for our brand's products.
Yuval BarHai
What Sets Us Apart
20+ Years of Technology Patent Experience
More than twenty years focused on the technologies and business models shaping software and computer science.
Advanced Technical Degrees in Computer Science & Engineering
Our attorneys hold advanced technical degrees that let us understand the code and systems we're protecting, not just describe them secondhand.
Fortune 500 to Startup Experience
Experience representing both established technology companies and early-stage software ventures.
Founder & Engineer Experience
Regular work with engineers and founders turning technical problems into patentable systems.
Broad Technical Experience
Experience across networking, AI, cybersecurity, databases, and electronic hardware.
Industry Connected
Active involvement in the technology and startup community, including guidance for founders navigating their first patent filings.
Software Patent Counsel for Companies, Startups & Engineers
Software Companies
Protecting core technology and building intellectual property portfolios as the product grows.
Engineers & Individual Inventors
Turning a technical solution built on the job or on the side into protected intellectual property.
Technology Startups
Establishing patent protection early, when it matters most for funding and credibility.
Entrepreneurs & Innovators
Developing IP strategies around AI, cybersecurity, and other emerging technology.
Related Industries We Serve
Software technologies often overlap with hardware, medical, and other technical disciplines. Our experience across related areas can help identify additional intellectual property considerations when a software invention crosses into other fields.
Frequently Asked Questions
What can actually be patented in a piece of software?
Software patents don't protect source code itself; they protect the underlying technical process, system, or method the code carries out. That might be a novel way of processing data, a new network architecture, or a specific algorithmic improvement.
How does patent eligibility (Section 101) affect software patents?
Since the Supreme Court's Alice decision, software claims have to show they're directed to more than an abstract idea implemented on a generic computer. That means claim drafting matters more for software than for most other technologies.
Should I patent my software or protect it as a trade secret?
It depends on the invention. Some software is better protected by keeping it confidential, since a patent requires public disclosure of how the invention works. Other software, especially anything a competitor could reverse-engineer from the product itself, is a stronger candidate for a patent.
Do I need working code before I file a software patent?
No. What matters is that the invention, including how the system or method functions, is described in enough technical detail to support a patent application. Many of the software inventions we work on start as an architecture diagram or a described process rather than a finished product.
How long does it take to patent a software invention?
Timelines vary with the technology and the USPTO's current backlog in the relevant art unit, but most software utility patents take roughly 2 to 4 years from filing to grant, often longer than hardware patents because of eligibility scrutiny.