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Patent Information » Patentability

Are Computer Programs Patentable?

Thousands of software patents are issued every year, although computer programs are very tricky inventions to patent. 


Software Patents

Mere information is not patentable.  But processes are.  Therefore, a piece of software that transforms physical material or even data into a different state or thing may be patentable (provided it has a practical application or usefulness to it).  The software must produce a technical effect beyond merely running a program. 

In other words, a patented computer program must be capable of bringing about a technical effect that goes beyond the normal interaction between the program and the computer.  For example, program-controlled machines, program-controlled manufactures and program controlled-processes may all be patented. 

If the software program operates on data, the program may be patentable as a process.  If the patent claims the software program in connection with the actual computer, it may be patentable as a machine.

 

 
 

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