Software Patents

“Software is not patentable.” This popular view is based on provisions in patent law stipulating that programs for computers as such shall not be regarded as inventions. However, in this era of digitalization, software represents an essential share of the GDP. And companies want to and have to protect their investments in technologies and products. Even though software can be protected by copyright, this protection only covers direct copies of the code and does not extend to the code’s functionality. Fortunately – and in contrast to the popular view – the bulk of computer implemented inventions (CII) can be protected by patents. Yet the borderline between patentable and non-patentable software is a narrow one. Chances of success often depend on the drafting skills of the patent attorney.

Our software team includes several patent attorneys specialized in dealing with CII. They can rely on more than three decades in accumulated experience of drafting and prosecuting CIIs in business units of multi-national corporations. Our lawyers with a legal background support the team in copyright matters. The software team also provides advice in Open Source Software licenses:

For specific fields within software, please refer to our posts on: