Can I File a Patent on AI, Software, or Digital Products?

! Protecting Code and Algorithms: Why It Is Complicated

Software and AI patents sit in one of the most complex parts of patent law. Unlike a simple mechanical device, your invention is:

• Largely intangible.
• Built from code, models, and data.
• Often described at a high level ("this algorithm sorts faster," "this AI predicts X").

Patent offices (like the USPTO) are wary of granting monopolies on abstract ideas or basic math. So to be patentable, your AI or software invention usually needs to be:

• Concrete, not purely conceptual.
• Technical, not just a business idea wrapped in code.
• Tied to a real-world application with measurable impact.

+ The Key: Tie Your Software / AI to a Practical Application

You generally cannot patent: "A new sorting algorithm." But you may be able to patent something like:

"A method for optimizing database query performance using a novel sorting algorithm, resulting in a measurable reduction in server load."

Notice the difference:

• It is a specific method, not an abstract idea.
• It is tied to a practical application (database queries).
• It has a technical result (reduced server load).

The more your invention looks like a technical solution to a technical problem, the better your chances of patentability.

This is general information, not legal advice. Specific cases can differ.

1 What Can Be Patentable in Software and AI?

Here are the types of software and AI inventions that are often good patent candidates (when they are new and non-obvious):

1. New Computer Functionality

   Software that makes a computer or system behave in a new way, for example:

   • A novel user interface that fundamentally changes how users interact with data.
   • A new method of data compression or encryption.
   • A unique way of handling concurrent requests or resource allocation.

2. Improvements to Computer Performance or Security

   Examples:

   • A process that reduces latency or server load in a measurable way.
   • A new approach to protecting systems from cyberattacks.
   • An algorithm that improves memory usage or energy efficiency.

3. AI Models Used in a Specific System

   Patents rarely protect "just a neural network," but may protect:

   • A system for diagnosing medical conditions from images using a specific model architecture and training scheme that yields improved diagnostic accuracy.
   • A method for detecting fraudulent transactions using a trained machine learning model with certain inputs and decision logic.

   Key idea: tie your AI to a real-world problem, and describe the system and method, not just the buzzwords.

4. Software Controlling Hardware

   Examples:

   • A control algorithm that optimizes motor control in an electric vehicle.
   • A computer-implemented method that adjusts sensor thresholds in response to environmental conditions.
   • An AI model controlling robot behavior in a novel way.

   This hardware and software combination can be strong because it is clearly rooted in the physical world.

! What Is Generally Not Patentable?

While every case is different, the following are often weak or non-patentable on their own:

• Pure abstract ideas.
• A way of matching people with products more efficiently without technical details.
• Business methods with no technical implementation.
• Generic "do it with a computer" versions of known business practices.
• Raw source code. Code is usually protected by copyright, not patent law.
• Data sets by themselves. A database or collection of data is not an invention, though how you generate or use it might be.

Again, the more your invention looks like a technical solution, the stronger your position tends to be.

+ Why Provisional Patents Are Especially Helpful for AI / Software

Tech moves fast. In AI and software, being first to file can make a huge difference, and you might not want to wait until every line of code is perfect. That is where a provisional patent application (PPA) shines:

• Locks in an early filing date while you are still building and iterating.
• Lets you use "Patent Pending" while talking to investors, partners, or early customers.
• Allows you to describe the core technical idea, the system architecture, the flow of data and operations, and any performance improvements or technical advantages.

Over the next 12 months, you can improve your model or algorithm, gather performance metrics (for example, accuracy gains and latency reductions), and build out more implementation detail.

Then, when you file your non-provisional (utility) patent, you include those deeper technical details and measurements.

If you have created a new and useful software-based process, AI system, or digital product, do not assume "software cannot be patented." The real question is how you frame and document the invention.

+ Practical Steps If You Are Considering a Software / AI Patent

Here is a simple roadmap:

1. Write down what your invention actually does

   What problem does it solve, and how is that problem solved today? What is different about your approach?

2. Describe the technical implementation

   Include architecture diagrams, data flow, key steps in the algorithm or model pipeline, and any improvements in speed, accuracy, or resource usage.

3. Focus on concrete examples

   In one embodiment, the system receives X, processes it with steps A-B-C, and outputs Y, which improves Z by 30%.

4. Consider a provisional

   Use it to secure your date and "Patent Pending" while you continue building.

5. Talk to a patent professional for complex cases

   Especially if you are in regulated areas (fintech, healthcare) or high-stakes fields.

i Where AutoInvent Fits In

If you are working on an AI model, app, or SaaS product and want to protect it without getting buried in legal formatting, AutoInvent can help. AutoInvent:

• Turns your description of a software or AI invention into structured, patent-style text (sections, technical details, examples).
• Helps you emphasize the practical application, system architecture, and technical improvements.
• Generates patent-style figures and descriptions of system components and data flows.
• Guides you step-by-step through actually filing your provisional patent yourself with the USPTO.
• Lets you go from idea to a filed provisional patent in under 10 minutes for under $100 (plus the USPTO fee).
• You stay in control of your code and your IP strategy -- AutoInvent just makes it much easier to document and file the core innovation behind your AI or software product.