Quick Answer
A patent attorney for software helps founders protect apps, SaaS platforms, and AI systems by drafting patents that survive USPTO (US Patent and Trademark Office) scrutiny and create real legal protection for investors and acquirers.
At Schell IP, we work with software-driven companies every day to turn code, algorithms, and data systems into enforceable intellectual property that increases valuation and protects long-term growth.
If your product uses novel algorithms, data processing, system architecture, or AI models, it may be patentable — but only if it is filed the right way.
Why Software Patents Are Different (and Why Most Fail)
Software patents do not work like mechanical patents. They are governed by a different legal standard created by the Supreme Court, especially after the landmark Alice Corp. v. CLS Bank decision.
That ruling made it illegal to patent abstract ideas implemented on a computer. In practice, this means vague software patents — the kind produced by low-cost filing services or automated AI tools — are routinely rejected or later invalidated.
A real patent attorney for software must show that your invention solves a technical problem in a technical way, not simply that it automates a business process. This is why founders who work with Schell IP consistently succeed where others fail: we focus on how your software actually works, not how it is marketed.
What a Patent Attorney for Software Actually Protects
Software patents do not protect your user interface, branding, or business model. They protect the technical engine of your product.
At Schell IP, we look for the real invention inside your code — how data is processed, how systems communicate, how decisions are made, and how performance, accuracy, or security is improved. That includes AI workflows, backend automation, system architecture, data pipelines, and optimization techniques.
These are the elements competitors cannot legally copy once a strong patent is in place.
Is Your App, AI, or SaaS Product Patentable?
Your software may be patentable if it includes:
- New ways of processing or transforming data
- Novel AI training, inference, or decision workflows
- Unique system architecture or backend automation
- Improved performance, security, or scalability
- New ways for software systems to coordinate or communicate
At Schell IP, we regularly help founders patent inventions such as AI systems, including training methods, feature extraction, and decision or inference workflows; SaaS platforms with novel backend automation or scaling logic; mobile and web applications with unique data synchronization or performance optimization; fintech software that improves fraud detection or transaction routing; and healthtech platforms that handle patient data or remote monitoring in new ways.
These are not surface-level features. They are the technical foundations of real software companies.
When Should You Hire a Patent Attorney for Software?
You should speak with a patent attorney for software when you:
- Have a working prototype or MVP
- Are preparing to raise capital
- Are showing your product to customers or partners
- Are planning a public launch
Public disclosure before filing can permanently destroy your patent rights. That is why Schell IP works with many founders early, so protection is in place before exposure creates risk.
How Software Patents Are Really Written
A strong software patent starts with understanding your technology at a system level.
At Schell IP, we interview your technical team, map how your software processes information, identify the inventive steps, and draft claims that are broad enough to block competitors but specific enough to survive the USPTO.
This is what separates valuable patents from worthless ones.
Why Investors Care About Software Patents
To venture capitalists and acquirers, patents are not just legal documents — they are barriers to entry and signals of technical depth.
Well-written software patents reduce risk, increase defensibility, and improve valuation. When your IP is drafted by a true patent attorney for software, it signals that your company is built on proprietary technology, not just execution.
How Much Does a Patent Attorney for Software Cost?
Software patents are more complex than traditional patents because they require both legal and technical expertise.
Most founders should expect provisional patent applications to cost between $2,000 and $6,000, depending on software complexity, and non-provisional patent applications to cost between $8,000 and $20,000 or more, depending on technical depth, number of claims, and USPTO review.
What you are paying for is not paperwork. You are paying for the legal architecture that protects your company for decades.
Can You File a Software Patent Yourself?
You technically can, but most self-filed software patents fail because they are written too broadly, too abstractly, or without enough technical detail. Once rejected, those mistakes are often impossible to fix.
A patent attorney for software understands how examiners think, how courts interpret claims, and how to draft patents that actually hold up.
The Bottom Line
If you are building an app, a SaaS platform, or an AI-driven product, your software is your company’s most valuable asset.
At Schell IP, we help founders turn technology into defensible intellectual property that attracts funding, blocks competitors, and increases acquisition value.
If you want your innovation to matter in the market, it needs to be protected the right way — by a true patent attorney for software.
Frequently Asked Questions
What does a patent attorney for software do?
A patent attorney for software helps founders protect apps, SaaS platforms, and AI systems by drafting patents that describe how the software technically works and survives USPTO examination.
Can software and AI really be patented?
Yes. Software and AI inventions are patentable when they solve a technical problem in a technical way, such as improving data processing, system performance, or machine learning workflows.
When should a startup talk to a patent attorney for software?
A startup should speak with a patent attorney as soon as it has a working prototype, is preparing to raise capital, is sharing the product publicly, or is planning to launch.
What makes software patents different from other patents?
Software patents are evaluated under stricter rules that prohibit abstract ideas, so they must clearly describe technical systems, data flows, and computational methods.
How much does a software patent typically cost?
Most software patents cost between $2,000 and $6,000 for a provisional application and between $8,000 and $20,000 or more for a full non-provisional patent, depending on complexity.
Can I file a software patent without a lawyer?
You can, but most self-filed software patents fail because they lack technical detail or are written too abstractly to survive USPTO review.
