Is Software Patentable?
By: Brian Downing | Published on: 11/14/2024
This article discusses why software is patent eligible.
Table of Contents
1. Summary
Software is patent eligible when described appropriately.
To be eligible for a patent 35 U.S.C. 101 states the invention must be "a process, machine, manufacture, or composition of matter." With software patents, the algorithm may be a process, the programmed electronic device may be a machine, and a computer-readable media may be an article of manufacture.
2. Abstract Idea
Some courts have found some software patents to be abstract ideas and thus not patent eligible. In these situations, the patent was lost. One example is Alice Corp. v. CLS Bank International 573 U.S. 208 (2014). The Supreme Court found the computer-implemented electronic escrow service in this case to be an abstract idea and thus not patentable.
3. Examples of Patentable Software
In Enfish, LLC v. Microsoft Corp. 822 F.3d 1327 (Fed. Cir. 2016), the Federal Circuit found these two patents to be patent eligible:
4. Further Reading
To learn more about patent eligibility, read the USPTO guidance: MPEP 2106 Patent Subject Matter Eligibility. This covers patent eligibility for all inventions including software inventions.
