Can I patent software or a mobile phone application?

In order to be patented, software or a mobile app must generally meet three main criteria.  At time of filing the features and functions for which you seek protection must be:

  • Patent Eligible (not an abstract idea);
  • Novel (new); and
  • Inventive (Non-Obvious to someone skilled in the relevant area of technology).

The key to this answer is whether or not the subject matter of the claimed invention falls within the patentable subject matter. This must be assessed for each invention, and any decision will also depend on the jurisdiction where patent protection is sought.

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