While algorithms can be crucial for software, they’re abstract, and patent law doesn’t like abstract.
But don’t worry, you can still protect your algorithms.
The thing with patents is that they’re a business tool. Yes, they protect your cool tech (like your algorithm) but, more importantly, they protect your market niche and your business model.
Depending on where you want to file for a patent, there are different rules for how to present and describe software in patent applications so that it is patentable. Be sure to check this before filing or talk to a patent expert for proper guidance.
Your best option for protecting an algorithm is to patent a business method.
Patenting a business method
The USPTO (United States Patent and Trademark Office) permits business method patents. This means that you can patent the application of known technology to solve a new commercial problem.
This doesn’t mean you can just patent any method though, you need to follow certain rules.
Patenting a business method
First, your business method needs to be implemented in software. It needs to be real, concrete, technical software. Abstract ideas don’t work, you need to include a description of the underlying technology and how it solves a commercial problem.
For example, you can’t patent an app that’ll let you know why your plants are dying if you’re not capable of explaining clearly how it will work.
Remember what we said before, while algorithms themselves can’t be patented because of their abstract nature, software can.
You must be careful with the language you use to describe your idea. If you use purely business-related words, it’s possible for the examiners to think you’re trying to patent an economic process. It needs to be very clear that you’re creating an improvement in computer technology.
The smartest thing to do when trying to patent a business method is to think of a balance between technology and commercial problems.
You need to have enough technology to be patentable, but if you only focus on the tech, then someone else can come up with a slightly different solution to your business problem… and then go around you!
Second, the claims need to be properly positioned and structured. The USPTO has specific categories and rules regarding claims. Be sure you follow their rules to have a successful filing process.
Third, your software needs to be novel and inventive compared to things already registered. Conducting a thorough patent search is crucial to discover if your idea is as new and inventive as you think it is! Reviewing other patents related to your invention can also help you understand the language they’re using. Remember, you have to describe your idea as a technological invention.
If you still think you wouldn’t be able to get a patent, the best thing is to rethink your application. Just saying you’ll use innovative technology for your business is not enough to get a patent.
Just adding tech to your business doesn’t make it patentable
We’re all familiar with those that sell a solution as if they’ve reinvented the wheel when in reality, they just maybe re-framed a solution or “packaged” it in a different way. We’re not saying that’s wrong, but that’s not enough to patent an idea.
You’ll be able to get a patent if you’re able to explain how you’re going to solve a problem.
For example, just mentioning that a certain problem is solved with blockchain isn’t enough. You need to describe how it’s solved. Think it through. Answer why blockchain is particularly useful in this context and why not just use a centralized database. Explain which aspects of blockchain technology you’re using and how. If you’re using some elements like smart contracts, describe how you’re using them and why they’re important.
You get the picture.
The how is closely related to your algorithm, let it shine!
Focus on why is your solution better?
Make an effort to answer this question without having any doubts!
This is not the time to throw in buzzwords that’ll only make people think you’re innovative. This is the time to show people why you’re innovative.
Describe why your solution is better than the others!
There are many options. Your solution could be better because it has a lower cost, it provides greater security or efficiency, or it’s more reliable.
Hey, you could even be opening up an entirely new business area!
I really boils down to writing a great patent application — one that ticks all the right boxes. It pays to have the right counseling and direction to guarantee your patent application’s success!
What to do next
Don’t be afraid to protect your algorithm and software. File for a patent already!
We always recommend getting professional guidance in the patent process — you can probably see why. There are tons of pitfalls you need to avoid in order to protect your software. Getting the right support will save you lots of time and money!
Overall, it’ll allow you to focus on what’s important to you: growing your business and developing your ideas.
Book a free patent consultation call and let one of our patent experts set you on the right track!
Wondering if your idea is patentable? Have a question about this article? We can answer all of your questions — just hit "contact us" down below!
