Can You Patent an Algorithm?

Can you patent an algorithm? Discover the legal implications and process. Unlock expert guidance to protect your innovation with our in-depth analysis!

Can you patent an algorithm? It’s a question many tech innovators face when trying to protect their ideas. With software development on the rise, understanding the legal boundaries around algorithm patents has never been more important.

Patent rules aren’t always clear, especially when it comes to defining what counts as an abstract idea versus a patentable invention. Today, we’re taking a closer look at the legal implications, the patenting process, and how innovators can protect their work.

Understanding What an Algorithm Is

Before talking about patents, it helps to get clear on what an algorithm actually is. There are three main points to understand here:

• Algorithms are step-by-step instructions
• Alone, they are usually seen as abstract ideas
• They may only be patentable if tied to a real-world application

Algorithms Are Step-by-Step Instructions

An algorithm is a clear set of instructions to solve a problem or perform a task. This can be as basic as sorting numbers or as advanced as controlling a self-driving car. It doesn’t have to be written code, but most modern algorithms are part of software.

Alone, They Are Usually Seen as Abstract Ideas

In patent law, abstract ideas can’t be protected. Algorithms often fall into this category, especially if they just describe logic or math. If something can be done in the human mind or with a pen and paper, courts may say it’s too abstract.

They May Only Be Patentable If Tied to a Real-World Application

To move beyond the “abstract” label, the algorithm must do something useful in a physical or technical way. For example, it might speed up a computer process or work with a machine. These kinds of uses might count toward innovation protection.

Can You Patent an Algorithm?

The short answer is that you usually can’t patent a pure algorithm. But if it’s part of a practical, useful system, you might be able to protect it.

There are three main ideas to keep in mind:

• Abstract algorithms are not patentable
• Useful applications may qualify
• Court decisions and the USPTO set the rules

Abstract Algorithms Are Not Patentable

If an algorithm just solves a math problem or describes logic, it usually doesn’t qualify for a patent. The law sees this as an abstract idea.

That’s true even if it works well or took years to develop. Just being clever isn’t enough. There has to be more.

Useful Applications May Qualify

If your algorithm is part of a working system that solves a technical problem, then it might qualify. For example, an algorithm that speeds up image processing or improves how a machine works could be accepted.

The key is showing how it produces a useful result. This moves it out of the abstract category and into something the law might protect.

Court Decisions and the USPTO Set the Rules

Patent decisions depend on past rulings and how the USPTO reviews each case. One major decision was Alice Corp. v. CLS Bank. It showed that just putting an abstract idea into a computer isn’t enough.

The rules can shift, but the core idea stays the same. You need more than an idea. You need a real use.

The Patenting Process for Algorithms

Getting a patent for an invention that includes an algorithm takes planning, time, and care.

Your algorithm or software feature must solve a real problem in a way that hasn’t been done before. That includes both the logic of the algorithm and how it fits into a full system.

The USPTO won’t approve something that feels like a repeat of past patents. You have to prove that your idea is not just different, but useful in a practical sense.

It’s not enough to explain your idea in broad terms. You have to describe how it works with real tools or systems.

This is where many applications fail. You need to connect the algorithm to a working:

• Method
• Device
• Process.

That shows the invention is not just a theory.

Patent claims describe the boundaries of what you want to protect. These must be written carefully to reflect the real use of the algorithm. Too much focus on abstract logic may lead to rejection.

Claims should focus on how the algorithm helps a machine, system, or process function better. This helps avoid a label of “too abstract.”

Limits and Rejections: What’s Not Allowed

Even if your algorithm is part of a smart idea, not everything qualifies for patent protection. The USPTO and courts look closely at the details.

Many applications get rejected because they don’t meet key standards. Understanding where others fall short can help you avoid the same outcome.

There are three common reasons algorithm-based patents get denied:

• The idea is too abstract
• The claim is only a mathematical formula or a mental process
• There’s no clear link to a working machine or process

The Idea Is Too Abstract

If your algorithm doesn’t connect to a physical system or real-world use, it may be rejected. Saying that something “improves efficiency” or “makes a task easier” isn’t enough. The law wants a clear technical result that goes beyond theory.

The Claim Is Only a Math Formula or Mental Process

Algorithms based on math alone often fail to qualify. This is also true if the claim could be done in someone’s head or with pen and paper. If the work doesn’t require a machine or tool, they may label it as a mental process and turned down.

There’s No Clear Link to a Working Machine or Process

Even if the algorithm does something useful, the patent must explain how it ties into a working system. That might be:

• A computer
• A sensor
• A machine

Without this connection, the idea may be seen as too broad or unclear. This is one of the most common reasons for rejection in technology patents.

Help with Your Algorithm Rights

So, can you patent an algorithm? It depends on how the idea is applied and explained.

At Berkeley Law & Technology Group, we offer trusted intellectual property services backed by decades of experience. Founded by Intel’s former Director of Patents, we support clients across the U.S., Asia, and Europe. Our team helps startups and growing companies protect inventions, trademarks, copyrights, and more.

Get in touch today to find out how we can help with your patent needs!