The Myth around Software Patents

This week our Head of Knowledge, Marious Georgiou, unpacks one of the UK software industry's biggest myths: all software is excluded from patenting. 

It's commonly believed that your valuable software product can't be protected by patents, but in this series of articles, we'll explain exactly why that's not true.  Read on to find out!

While software is technically excluded from patentable subject matter, this is really more of a technicality than a substantial barrier. It's entirely feasible to obtain a patent for software as a "computer-implemented" invention. This type of patent protection encompasses not only the code itself but also the procedures and systems created through the use of the code.

"yes — it’s very possible to protect inventions that are implemented by software using a patent, but this comes with a proviso: that **the invention solves a technical problem "— [Murgitroyd](https://www.murgitroyd.com/blog/can-you-patent-software/#:~:text=Can I patent software%3F,invention solves a technical problem.)**

There are numerous advantages to patenting software. Firstly, it offers legal protection for your software, which could be your company's most valuable asset. Furthermore, since you're safeguarding the system itself rather than the code, if someone attempts to recreate your system in a different programming language, they might still be infringing on your patent. With a valid patent, your competitors are unable to use, duplicate, or sell your software without your consent, providing you with a significant competitive advantage.

Another noteworthy aspect of software patents is their potential to enhance your company's value. Patents are valuable assets that can make your company more appealing to investors and potential buyers. Additionally, patents can establish your company as an industry leader, leading to increased partnership opportunities.

However, it's essential to remember that if you intend to patent your software, you'll need to collaborate closely with a qualified patent attorney to ensure the viability of your application. While patents can be a powerful tool, they do require ongoing effort for maintenance. Nevertheless, if you're willing to invest the effort, a software patent can truly transform your business.

In summary, you can indeed protect your software with a patent, provided that your invention addresses a technical problem. This protection allows you to thwart your competitors, safeguard your first-mover advantage, and leverage your position in the industry. We will delve into these advantages and more in upcoming posts.