Patent strategy for the technology behind your software
A software product can contain more than its visible features. A new way to process data, manage computing resources, secure a network, or control a device may deserve a closer patent review. Sanchelima & Associates helps inventors and businesses evaluate the invention, organize its technical details, and plan a U.S. patent application.
The starting point is a clear account of how the system works and what it changes. Describing a product as an app, SaaS platform, or AI tool does not by itself establish patentability. A consultation should connect the business objective with the particular technical solution you want to protect.
Can software be patented?
Some inventions implemented in software can qualify for patent protection. Eligibility depends on the claims and their relationship to the disclosed invention. An abstract idea does not become eligible merely because a computer performs it. A described improvement to computer functionality or another technical field can be relevant to the analysis.
The USPTO's December 2025 eligibility update explains the assessment of technological improvements under the existing framework. Eligibility is only one part of the review: novelty, nonobviousness, and an adequate disclosure also matter. Neither working code nor a patent search alone guarantees an issued patent.
What we can examine with you
- The problem your software solves and the limitations of existing approaches.
- The architecture, processing sequence, data structures, or device interactions that produce the improvement.
- Alternative implementations and the features competitors could change.
- Who conceived the invention and the development history.
- Existing applications, public demonstrations, sales activity, and upcoming launch dates.
Examples worth discussing include changes to system performance, security, data handling, or device operation. These are subjects for evaluation, not a statement that every implementation qualifies.
Prepare a useful invention disclosure
Bring an architecture diagram, a short explanation of the technical improvement, and representative workflows. Identify which parts are new and which use standard tools or third-party components. Test results or comparisons can help explain an asserted improvement when they are available.
You do not need to paste proprietary source code into the public inquiry form. Start with a nonconfidential description and arrange the appropriate way to share detailed materials with the legal team.
Choose the filing approach around your product
Our patent practice includes searches, application preparation, prosecution, and portfolio planning. A provisional filing may be considered where appropriate, but its useful scope depends on what it actually discloses. A thin product summary is not a substitute for describing the invention.
Before a demo, launch, or investor presentation, discuss the timing and countries that matter to your business. Public disclosures and commercial activity can affect patent rights. If your technology uses machine learning, see our AI patent services. Our software consultation checklist explains what to organize first.
Discuss your software invention
Request a consultation with Sanchelima & Associates in Miami. Tell us the type of system, the technical problem, and any upcoming disclosure or filing date. We will discuss the appropriate scope and next step; fees and engagement terms are confirmed separately.