How to Patent Software Inventions: What You Need to Know
By Kathy Wojtalewicz, MLO Patent Agent
11/24/2025
Patenting software is not like putting a copyright on your favorite meme...it’s tricky because software by itself is often considered an abstract idea, and abstract ideas do not get patents. To make your invention patent-worthy, you need to show more. Does it solve a real technical problem in a real technical way? Does the invention provide significantly more than what’s been done before?
One clever move is to tie your software to hardware. Think of it like giving your code a steering wheel. It needs to drive something in the real world, not just sit in the garage of theory. For example, software that controls a medical sensor or makes a factory run smoother is far more patent-friendly than an app that just organizes your cat photos. The hardware connection says, “Hey, I am useful in the real world.”
And here is the kicker. Your invention has to be significantly more than “run this on a computer.” That is like saying “make toast with a toaster.” It is obvious and not impressive. Instead, brag about the cool stuff like faster data processing, less memory hogging, or ninja-level security. Patent applications for software should explain why the invention is the superhero of technical improvements and why they matter.
Here are some practical takeaways:
Highlight real technical improvements.
Don’t just say “it’s different.” Show how your invention actually improves technology such as faster processing, better security, less memory use. These details make your application stronger.
Connect your software to something tangible.
Pure software can look like an abstract idea. If your invention interacts with hardware or drives a real-world process, that’s a big plus.
Explain what’s unconventional.
Why is your approach not standard practice? Is it counterintuitive? Why haven’t others done it already? These answers help show your invention is truly innovative.
Patenting software isn’t about fancy legal language. It’s about proving real technical value. Focus on what makes your invention a game-changer. Work with your patent professional to keep the process smooth, strategic, and maybe even less painful than assembling IKEA furniture without the instructions. This approach not only increases your chances of getting a patent but also makes your invention stand out in a competitive technology landscape.
Smart Filing Tips – when describing your invention for a patent filing, consider these pro tips:
Think like an examiner. Before moving forward, check whether any claim elements could be done mentally or seem too generic. If that’s the case, don’t move forward with those claim elements as drafted. If you’re not sure, consult with a patent attorney or patent agent who negotiates regularly with U.S. Patent Examiners.
Highlight technical improvements. Describe exactly how the invention enhances technology – not just how it differs from the prior art. How might it be considered significantly more than what’s been done before?
Link claims to the advantage. Explain how each component of your invention contributes to the technical benefit. Dig in deep on this aspect of your invention.
Show what’s unconventional. Clarify why your combination of elements isn’t standard practice. Is it counterintuitive? Why have others not done it already?
Whether you’re in the early stages of investigation or scaling for commercialization, a strategic approach to patents can make all the difference, and we’re happy to help navigate the process. Reach out to us for a free consultation.