Whether self-learning algorithms, automated processes, or interconnected systems—modern software is more than just program code. It analyses, decides, and controls. Yet this very technological depth makes patenting a particular challenge. Not every good idea is eligible for protection—only those that provide a technical contribution.
We support you in securing effective legal protection for your digital innovations.
The patenting of software is subject to strict legal requirements. Pure programs without a technical connection are not considered patentable. For software to be eligible for patent protection, it must:
Software patents often relate to so-called computer-implemented inventions, in which software-based functions are combined with physical components such as sensors, displays, or control units.
A navigation system featuring innovative position calculation and display may be patentable if it:
interacts with physical devices (e.g. GPS, onboard computer),
provides a new technical solution for route guidance, and
goes beyond a purely abstract algorithm—for example, through technical visualisation or user interaction.
AI-based inventions can also be eligible for protection—provided they contribute to solving a technical problem. In particular, clearly demonstrating the technical contribution of the AI presents a key challenge.
Typical AI applications with patent potential:
The decisive factor is always that the AI performs more than mere data processing—it must be functionally integrated into a technical system.
The requirements for software-related patents are demanding—making a precise and practical strategy all the more important. We support you with:
the formulation of technical features,
the drafting of patent applications,
prior art searches, and
international filing procedures (EPO, PCT, DPMA, etc.).
Our teams have extensive technical expertise—particularly in the fields of machine learning, neural networks, embedded systems, telecommunications, and Industry 4.0.
dompatent supports clients not only in the filing stage, but also in contentious proceedings—such as opposition proceedings or infringement litigation.
Our many years of experience in these matters make us a reliable partner, even in the complex environment of international IP rights.
We represent you before:
German Federal Patent Court (BPatG)
National patent infringement courts
Unified Patent Court (UPC)
European Patent Office (EPO)
German Patent and Trade Mark Office (DPMA)
