Software and artificial intelligence
Software and AI patent counsel for inventors and technology companies
Parti & Oliveira PLLC helps software inventors and technology companies, including established and mid-sized businesses, evaluate U.S. patent protection. For SaaS platforms, machine learning systems, and other software products, the starting point is what the technology changes and how it works.
Vik Parti, a registered patent attorney with a computer science background, leads the firm’s patent practice. We assist with patentability assessments, application preparation, and USPTO prosecution for clients across the United States and international clients seeking U.S. protection.
Can software or AI be patented?
Some software and AI inventions can qualify for U.S. patent protection. The answer depends on the claims and supporting disclosure. Adding a computer or an AI model to a familiar activity does not, by itself, resolve patent eligibility.
We examine the claimed technological improvement or practical application and its supporting explanation. Changes to memory access, network operation, signal processing, or machine control are starting points for analysis; none automatically qualifies for a patent.
The USPTO's eligibility guidance addresses this analysis under Section 101. Eligibility is only one part of patentability.
Three questions that need separate answers
- Is the subject matter eligible? We consider the claimed invention as a whole and the relevant limits on patenting abstract ideas.
- What is new and nonobvious? We compare the proposed invention with relevant earlier technology. An eligible implementation may still be anticipated or an obvious variation.
- Can the application support the protection sought? The description must explain what the inventors had developed and teach a skilled person how to make and use the claimed invention without undue experimentation.
The USPTO treats these as distinct requirements in its examination framework. A favorable answer to one does not answer the others.
Prepare a software or AI invention brief
After engagement, a productive invention discussion moves beyond a pitch deck. Useful materials include:
- The existing problem: the technical constraint, current approach, and its limitations.
- The mechanism: architecture, data flows, processing steps, decision rules, and interactions among components.
- The improvement: why the approach changes system behavior, with measurements or comparisons where available.
- Implementation choices: alternatives, fallback methods, boundary conditions, and unsuccessful approaches that clarify the design.
- For AI systems: relevant model structure, inputs, training or inference steps, constraints, outputs, and the way those outputs affect the wider system.
The required detail depends on the invention. A source-code repository is not a substitute for a clear explanation, and every application does not require a code listing. The practical goal is a disclosure that supports the claimed scope. The USPTO's enablement guidance explains the underlying requirement.
See how those details fit together in a worked software and AI invention example.
Using AI tools and identifying the inventors
Inventing AI technology and using an AI tool to develop an invention can overlap. In either case, only human beings can be named as inventors under current U.S. law.
The USPTO's November 2025 guidance applies the ordinary inventorship standard to AI-assisted inventions, replacing its earlier guidance. There is no separate AI-specific inventorship test.
We discuss who conceived the claimed subject matter and how tools were used. Development notes, diagrams, and design decisions can clarify human contributions. Job titles or ownership of a model do not by themselves settle inventorship.
Using an AI tool to prepare application text? Read our guidance on AI-assisted patent application drafting.
Choose protection around the product
We consider what competitors could copy, which features may remain valuable as the product evolves, and whether potential infringement could be identified. We also discuss the tradeoff between patent disclosure and keeping suitable implementation details confidential.
Deciding what to disclose and what to keep confidential? Our Patent or Trade Secret guide compares the choices through software, AI, and manufacturing examples, including questions about access, disclosure, and product plans.
The initial plan may involve a focused search and assessment, a provisional filing, or preparation of a nonprovisional application. Tell us early about launches, public repositories, conference presentations, customer disclosures, and earlier filings. Timing can affect available options. Use the pre-launch patent checklist to organize those events.
Our patent application services address preparation and filing. If an examiner raises objections, our Office Action services address the particular rejection and available response strategies under a separate scope. Our patent cost guide explains how to plan for those stages.
Common questions
Can a provisional application protect my software idea?
A provisional application can establish an earlier filing date for adequately disclosed subject matter; it is not an issued patent. A broad concept or feature list may not support later claims. We evaluate the technical disclosure and plan the next filing, normally within 12 months. See the USPTO’s provisional application guidance.
Does using a standard AI model prevent a patent?
Not necessarily. The relevant question may concern an improvement to the model, the surrounding system, or a particular technical application. Using a standard model alone does not establish a patentable invention.
Do I need a completed product before speaking with counsel?
No. Initial inquiries should be general and nonconfidential. Once representation, scope, and fees are confirmed in a written engagement agreement, the technical review can address whether the disclosure is sufficiently developed for the proposed application. Technical materials are shared through the firm's agreed process.
Does getting a patent mean I can freely launch the product?
No. Patentability and freedom to operate ask different questions. A product may include features covered by someone else's patent even if your improvement is patentable. A freedom-to-operate review is separately scoped.
U.S. patent help for international software businesses
Based outside the United States? We assist with U.S. applications, PCT national-stage entry, and USPTO prosecution, coordinating with foreign counsel where needed. U.S. patent rights are territorial; protection elsewhere requires separate consideration. Explore U.S. services for international clients.
Ongoing counsel and payment options
As your software or AI products evolve, ongoing patent counsel can connect new application work and USPTO examiner responses with business priorities. Monthly or milestone installments may be available for suitable matters under a written agreement. Government charges and outside expenses are separate from attorney fees. Review patent costs and payment options.
For a smaller business organizing recurring patent work, see our Small Business Patent Counsel page.
Bring the technical question to a patent attorney
Contact Parti & Oliveira or call (888) 663-0645. Start with the technology area, development stage, and any deadline. Please do not submit source code or confidential invention details through the initial inquiry form.
General information only, not an assessment of any particular invention. Contacting the firm does not by itself establish an attorney-client relationship.