Patent and Invention Help Forum

Software prototype before patent? Who owns the software code?


I understand that a patent is not for someone that is becoming just another player in implementing a common process or website, and that it is only useful if one does something different than everyone else in the same space.
My website processes that I want to apply a patent uses an existing software algorithm in a different industry, that I want to use in a way that is completely new and introduce it to a new space making the website 100% different from everyone else.
Is it possible to use technology that is being used in one industry in a new set of processes and methods in a industry/space where no one else is doing it and get the Foundation for a claim?
My goal is to get a patent pending status so that I can discuss the idea it a good strategy to put Everything on paper and file it, knowing that it might get declined, further develop it with the developer and still be protected in regards to the idea and processes  should the developer file another patent application on a developed algorithm after hearing my proposal?


  • Patent Agent
  • *****
  • 1949
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: Software prototype before patent? Who owns the software code?
« Reply #1 on: June 12, 2013, 09:36:01 AM »
Hi Jamey,

In general you can get a patent on a new use for an existing technology.  However, the patent office is making it harder and harder to get software processes allowed so there is really no guarantee that they will allow your patent.

I would always suggest you file what you can to at least get "patent pending".  There is very little risk or downside to this except the fee that you have to pay to the patent office.  Just make sure your developer signs a "work for hire" agreement and a NDA before you tell him your ideas.  This way if he/she creates a new algorithm or improvement to your original idea you will get to own that as well as the software code that you are paying them to create.

Read more about a "work for hire" agreement here:

Kind regards,
My free patent template:

Hire Me:

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.


Re: Software prototype before patent? Who owns the software code?
« Reply #2 on: August 14, 2013, 06:50:15 AM »
There is no use in patenting an idea that has already been used somewhere else. But you can anytime file it and get patent pending status and try out the further process.


Menu Editor Pro 1.0.2 | Copyright 2014, Matthew Kerle