Software Patents

Patenting Software

Much of the current innovation occurring in the United States is in the area of software technology and business methods. That is true in Portland as well; in fact, Portland’s software community is growing rapidly. We are often asked whether you can patent software. The short answer is YES! Our attorneys have deep expertise in this area of patent law and have been tracking legal developments pertaining to patenting software, algorithms, and business methods for the past 20+ years. In fact, we have seen more change in this area of law in the past several years than occurred in the last couple decades previously. Our team understands software, computer science, electrical engineering, and hardware electronics. And, we understand the overlap between trade secrets, copyrights, and patents. We have helped clients patent blockchain applications, banking and financial business methods, internet-based software applications, and many forms of software tied to particular technology. 

"Software Plus"

We are experts in patenting “software plus” technology. We consider “software plus” technology to mean technology that is more than merely software, but rather, where software is combined with another technology so that the result (the whole, so to speak) is greater than the sum of the parts or where the software incorporates unique and specialized processes, for example, designed to address a technical problem for a specific technical situation. One example might be software to manufacture and test, for quality control purposes, fiber optic cables. Thus, the software might drive machine lasers, etc. Another example might be software to detect various forms of online fraud, such as for vendors who engage in the sale of products and/or services via the internet. Another example might be software to process medical bills to detect latent errors and/or fraud (e.g. errors that would not be apparent from the face of the bill itself).

Our attorneys incorporate the latest legal developments into our patent applications and prosecution strategy. Due to our informed approach, comprehensive experience, and diverse backgrounds, we are experts in claim drafting and handling software and business method patents. We know how to best position your patent with the United States Patent & Trademark Office to increase your odds of successfully obtaining an issued patent.

We have also developed unique solutions to address various issues emerging from recent case law. This case law pertains to patent eligible subject matter, such as the “Alice” case. We understand the legal and technical issues that have risen from this case, and we are prepared to assist you with the complexities of patenting software and business methods in light of Alice.

We prepare patent applications and prosecute patents with a focus on enforcement, commercialization, and monetization. It is not enough to simply satisfy the United States Patent and Trademark Office, you want a patent that will withstand due diligence and will be enforceable in the Federal courts.

At Berkeley Law and Technology Group, we understand that patents are a major investment. Because of this, we personalize our prosecution approach to fit our client’s specific needs. For example, we can work with you to take a hardline approach to maximize breadth or a flexible approach to reduce prosecution time and costs. We begin our process by evaluating your business strategy and prosecution objectives. Then, we develop a corresponding and effective prosecution strategy to support those objectives. If you are looking for a software patent attorney, we can help.

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