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ARTICLE · 26 MAY 2023

IP In Software: Can You Patent Software?

Potter Clarkson LLP
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Let's begin by taking a brief look at what the requirements for obtaining patents in general are before applying these rules to software.

United KingdomIntellectual Property
Dave Clark
Dave Clark
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The simple answer is yes, you can patent software. However, there are strict rules to follow as to what software or software-related inventions can be patented.

Let's begin by taking a brief look at what the requirements for obtaining patents in general are before applying these rules to software.

To be patentable an invention needs to overcome these two hurdles:

  1. It cannot fall within one of the excluded technologies (which includes "computer programs... as such")
  2. It must be new and inventive (i.e. non-obvious)

This does not mean that all software-based inventions are not patentable. However, it does mean you need to be able to explain the technical problem your invention solves.

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