can you patent an algorithm?

Question

I have design a new type of algorithm for software applications that could turn out to be a prettty good invention

My question is: is it possible to patent or get the rights somehow to an algorithm so that other people can't take advantage of it?

Thanks!

Answer 1

Yes, algorithms can be patented.

No it may not be a good idea for so many reasons.

Here are a few -

1 - it doesn't protect you against someone stealing it, unless you want to be in the business of waiting for people to infringe and then negotiating license fees. That is an ugly nasty business, and few people have the stomach for it

2 - your patent may turn out to be unenforceable after all

3 - there are generally ways to engineer around any software related patent

4 - there is almost certainly prior art for almost anything software related, which means the patent wil be denied or unenforceable

5 - patents mean the innovation can never be used in the open source community, and all business models related to that, which can be considerable, are foregone forever (unless you can re-negotiate prior licenses, and good luck with that!)

6 - closed source development is limited in the manpower that can be put into it and the size of the effort that can be provided

7 - by the time you actually have a patent, the business opportunity may have passed

8 - large companies build patent portfolios as insurance against infringing on other companies - they generally settle claims by cross-licensing. this is where patents are valuable, but with a portfolio of one, you will have little if any negotiating power.


OTOH, it is good to demonstrate that there is protectable intellectual property (IP), and a patent may be worth pursuing to give faith to investors.

But it is not the only way to protect software IP, and not necessarily the best either.

What is best is to have a business plan that considers the realities of the technology and the marketplace, and effectively exploits the opportunity.

Working with entrepreneurs to create those business plans for tech startups is what I do - if you are interested contact me via email.

Answer 2

Actually, yes you can. The Voronoi Clip algorithm is patented, if you play any video games featuring the Havok Physics engine, you've probably seen it in action. You can't patent the underlying mathematical formula or statement, but you can patent the way your code implements it (the algorithm).

Answer 3

Since an algorithm is not a thing, you copyright it, not patent it.

Answer 4

Absolutely. And if it is used without your written permission, you can seek damages.