As part of our Software & Copyrights practice, we provide software patents services.

Protection of Software Through Software Patents

Copyrights and license agreements provide typical protection for software. However, software can also be protected through patents filed with the U.S. Patent and Trademark Office (USPTO). Software is challenging and time consuming to develop. Additionally, patents can be difficult to draft and subsequently get approved. Our patent attorneys register software patents with an understanding of software development and patent law.

Litigation of Software Patents

According to The Washington Post, “a recent study from the Government Accountability Office found that a disproportionate share of patent litigation concerns software patents.” Much of this software litigation is a direct result of relatively new software patents and how quickly they were granted. Poorly drafted patents may cover more features of an invention than the Patent Office may have intended. Therefore, newer legitimate software systems and products might be under frivolous threats of software litigation.

Our attorneys advise and defend companies facing software patent litigation from overly broad patents. We also assist companies with software protection when another company tries to reverse engineer or steal its patented program.

Other Software Protections

A software patent may protect an idea involving novel and nonobvious software. However, a software copyright may protect the “tangible” expression of the idea through certain types of code. End-users may illegally utilize or repurpose that code in violation of software copyrights. Therefore, our attorneys help monitor the use of software copyrights to help prevent misuse. We also assist in preventing distribution of unauthorized or pirated software copies.

We assist software developing companies with software protection through registration of software patents. We also advise clients on various software protection services, such as:

  • Software Patents

  • Software Copyrights

  • Licensing Agreements and Contracts

  • Software Indemnification

  • Defensive Monitoring and Enforcement

  • Software Related Litigation

Additional Insights Regarding Software Patents

For more information on software patents, see our Legal Insights and Industry Solutions pages.