“How to Patent an Algorithm: A Guide for Inventors”

deffd0af605929f42bc91fe435835a5f - "How to Patent an Algorithm: A Guide for Inventors" - Algorithms
how to patent an algorithm a guide for inventors 45 - "How to Patent an Algorithm: A Guide for Inventors" - Algorithms

In an increasingly digital world, the question of patenting algorithms is becoming more pressing. Algorithms have been used to create some of the most innovative products and services of the modern age, from online search engines to ride-hailing apps. In this article, we’ll explore the legalities of patenting algorithms, from what constitutes an algorithm to the challenges of patenting this type of intellectual property. We’ll also look at some of the steps companies can take to ensure their algorithms are protected.

Can You Patent An Algorithm?

Software and algorithms are increasingly important and valuable components of many businesses. But can you patent an algorithm?

The short answer is yes, you can patent an algorithm. The United States Patent and Trademark Office (USPTO) grants patents for inventions involving software and algorithms.

What Is An Algorithm?

An algorithm is a set of instructions or steps for solving a problem or performing a task. Algorithms are commonly used in computer programming, engineering, and mathematics. Algorithms can range from simple, straightforward instructions to complex, sophisticated programs.

Requirements For Patentability

In order to be eligible for patent protection, an algorithm must meet certain requirements.

First, it must be novel. That is, it must not be obvious to someone who is familiar with the same type of technology.

Second, it must be useful. That is, it must have a specific, practical application.

Finally, it must be non-obvious. That is, it must not be something that is easily deduced or inferred from existing technology.

Types of Algorithm Patents

The USPTO grants two types of algorithm patents: utility patents and design patents.

A utility patent covers the functional aspects of an algorithm, such as its process, method, or system.

A design patent covers the ornamental aspects of an algorithm, such as its graphical user interface or visual design.

How To Obtain An Algorithm Patent

Obtaining an algorithm patent is a complex process. The USPTO examines each application to make sure it meets the legal requirements for a patent.

The first step is to determine if your algorithm is eligible for patent protection. If so, you will need to submit a patent application. This application must include a detailed description of the algorithm, a list of claims, and drawings or diagrams if necessary.

The USPTO will then review the application and make a determination as to whether it meets the requirements for patentability. If the application is approved, you will receive a patent.


When considering whether to patent an algorithm, it is important to keep in mind that the process can take a long time and be expensive. It is also important to remember that a patent does not guarantee success. A patent can only provide legal protection for the inventor of an algorithm.


In conclusion, an algorithm can be patented in the United States. The best way to determine if your algorithm is eligible for patent protection is to consult with a patent attorney or agent. They can help you determine if your algorithm meets the legal requirements for patentability and guide you through the patent application process.

In conclusion, it is possible to patent an algorithm, but the process is complex and requires a great deal of research and preparation. It is important to understand the elements of patentability and the requirements for patentability in order to determine if an algorithm is eligible for patent protection. Additionally, it is important to understand the potential risks associated with patenting an algorithm, including the risk of infringing on the patent rights of another. Ultimately, the decision to patent an algorithm should be made with careful consideration of all the potential risks and benefits.

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