I have invented some software. Can I get a patent to protect it?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Josephine Inge of 1Place Patents Attorneys + Solicitors, Paddington 2021 NSW
- Maybe. Software patents are increasingly difficult to secure not just in Australia but in many other countries too.
- As a rule of thumb:
- if the process performed by the software would not be patentable without involvement of a computer then the mere involvement of a computer to perform the process will not be sufficient to make the software patentable;
- if the use of a computer can produce a new and unexpected result or produce some tangible, physical effect then it may be suitable for patent protection.