Software Patent Eligibility: Navigating the Changing Landscape

In the ever-evolving realm of technology, software innovation plays a pivotal role in shaping our digital landscape. As developers strive to create cutting-edge solutions, the question of software patent eligibility becomes increasingly significant.

The landscape for software patents is in constant flux, influenced by legal precedents, legislative changes, and evolving industry standards. In this blog post, we’ll explore the dynamic nature of software patent eligibility and the challenges and opportunities it presents for inventors and businesses.

The Legal Framework

The debate over software patent eligibility is rooted in the interpretation of patent laws. While software has historically been considered eligible for patent protection, recent U.S. Supreme Court decisions have introduced a two-step test. This test assesses whether an invention is directed to an abstract idea and, if so, whether it includes an inventive concept that transforms it into something more than the abstract idea itself.

Challenges for Inventors

The evolving legal landscape poses challenges for inventors seeking to protect their software innovations. What was once patentable may now face rejection or heightened scrutiny. This necessitates a strategic shift, with a focus on building a compelling case for the inventive concept and practical application of software inventions.

USPTO Guidelines

In response to the challenges, the U.S. Patent and Trademark Office (USPTO) has issued guidelines to aid examiners and applicants. These guidelines stress the importance of clearly articulating technical improvements and innovations in the software. They also encourage the use of technical language and detailed descriptions to highlight the inventive and technical nature of the software.

Strategies for Success

Amidst the evolving landscape, inventors and businesses can find opportunities by thinking critically about the technical aspects of their innovations.

Emphasizing the specific problem addressed, the technical solutions implemented, and the practical applications of the software can strengthen patent applications. Collaboration between inventors and patent attorneys becomes pivotal to meeting the changing standards of patent eligibility.

International Perspectives

The global nature of technology introduces an additional layer of complexity. International perspectives on software patent eligibility vary, with some jurisdictions being more permissive than others. Businesses with a global reach must navigate these differences to protect their innovations effectively.

In conclusion, the changing landscape of software patent eligibility demands adaptability. Navigating this terrain requires a careful consideration of legal decisions, legislative changes, and industry standards.

By focusing on the technical aspects of their innovations and collaborating with experienced patent professionals, inventors can position themselves for success in securing patent protection for their software inventions.

Ongoing dialogue between the legal and technology communities is crucial to ensure that the patent system continues to foster innovation in the dynamic field of software development.

Let Us Handle It

When it comes to software patents it is better to leave it to professionals at Parsons and Goltry, PLLC. We are a team of experienced attorneys in Patent and Trademark and we handle both national and international cases. Book a consultation with us to learn more about what you can expect from software patent eligibility and how you can get started.

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"Our company has worked with a number of patent attorneys and were so pleased when we began working with Parsons & Goltry nearly a decade ago. Mike Goltry's knowledge and attention to detail has enabled us to have numerous products patented and trademarks registered. We highly recommend this Law Firm."

- Sharon K.


"Michael Goltry is the most professional, honest and effective patent attorney whom I ever met in my 40 year professional engineering career. I started to work with him over 20 years ago and plan to work indefinitely."

- Zoltan Kemeny, PhD, Struct. Eng.


"Mr. Goltry took a provisional patent that we'd filed ourselves, and quickly and professionally turned our innovation into U.S. and foreign applications. His [patent claims] were a thing of beauty, and I was amazed by how deftly he countered the inevitable office actions. His language held up, and the U.S. Patent just issued. He was easy and efficient to work with, and his fees were remarkably reasonable. We're not planning to go anywhere else, ever."

- Ski Milburn, CEO, Victori, LLC


"I applied for a patent through Parsons & Goltry. After being on the docket for 2 years at the USPTO, I received notification that my patent request had been denied. Michael Goltry contacted me immediately to review my options. After I informed him of my decision to move forward, he filed a response to the USPTO. In his response he got the examiner to fully understand the claims in the patent application and the "denied" decision was reversed. I was able to secure and receive a "patent granted" decision. Thank you, Michael Goltry."

- Kathy H., Inventor


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