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Patent strategy for software and SaaS businesses

Schell IP helps software founders and engineering teams evaluate patent questions in technical architectures, data processing, computing systems, and software-enabled products. We focus the discussion on the implemented technical contribution and its relevance to the business.

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Describing a feature as software or SaaS does not determine whether patent protection is available. A useful review explains the underlying problem, how the system operates, and the difference from known approaches. Eligibility is one part of that analysis.

Make the technical implementation understandable

We help organize architecture diagrams, processing steps, implementation alternatives, and evidence of technical improvements into an invention disclosure. That gives patent-search and application discussions a more concrete foundation.

The filing decision should also consider how much a public application would reveal, how the system could be independently developed, and how the business maintains confidential information. Source-code ownership and third-party licensing need attention alongside the patent discussion.

Questions for the engineering team

What changes in system operation, rather than only in the business result?
Which structures, steps, or technical relationships create that change?
What is implemented on the server, client, or connected hardware?
What will become public through releases, documentation, or repositories?

Common questions

Can software be patented in the United States?

Some software-related inventions can qualify. Specific claims must satisfy eligibility and the remaining patent requirements.

Does copyright in source code replace patent analysis?

No. Copyright concerns protected expression; patent analysis addresses claimed inventions. They are different forms of protection.

Should we publish technical details before speaking with counsel?

Discuss planned publications and releases beforehand where possible. The details and timing can affect available patent options.

Discuss the technical improvement behind the feature

Book a Free Consultation about your software architecture and patent priorities.

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Meet patent lawyer Jeff Schell

Jeff Schell is a patent lawyer and entrepreneur who helps people and businesses in the software and saas industry obtain and defend patent rights for their product portfolios. He connects patent strategy with product development, commercialization, and business priorities.

Based in Denver and Boulder, Colorado, Jeff is the founder of Schell IP, which is part of Whiteford, Taylor & Preston, LLP.

Meet Jeff Schell

Please share only a general description and your timing. Do not submit confidential invention details through this website. A consultation request does not by itself establish an attorney-client relationship.