How To Achieve Success With Business Method And Software Patents

Advances in software and business methods have provided some of the most remarkable and life-changing aspects of our society in the past 25 years. However, despite their power to remake our personal lives and the world of commerce, they are a category in which it remains difficult to obtain a patent. Difficult, but not impossible.

Why Is This Type Of Patent Hard To Obtain?

There are several reasons the odds have been stacked against receiving a patent for a business method or software innovation:

  • Since the 1990s the courts have issued numerous conflicting and confusing opinions bearing on the patent eligibility of business methods and software.
  • The sheer volume of software that has been developed in the past 40 years has increased the chances of finding “prior art” exponentially.
  • The shareware and open source movement within software development has encouraged the sharing, rather than protection, of valuable intellectual property, and has created public attitude resistant to the notion of patenting software.
  • The patent application process, which can take years, has sometimes outlasted the commercial usefulness of a potentially patentable software innovation.

Despite the challenges, patenting software and business methods can often be the right choice for your IP. Dominic A. Frisina, the lead attorney at Frisina, LLC, has had great success obtaining these types of patents for clients in Ohio and elsewhere, and our firm can help you protect your software and business innovations.

Contact Us Today To Begin Your Patent Process

Our firm, based in Cleveland but operating worldwide, can help you obtain the protection you need to preserve your intellectual capital. Call us at 440-600-1992 or email us via our online intake form to speak with a lawyer.


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