Is software patentable?

I like to say, “software is not not patentable.” No, that’s not a typo. When someone makes that assertion, they are highlighting their misunderstanding of patent law. Yes, some software is not patentable, but a lot of software is patentable. Yes, it has become more difficult and less certain since 2014, but the law still is unsettled, so a strong opinion of whether a certain software invention is patentable or not patentable is probably hard to make. I frequently secure patents to software-related inventions!

Steven Saunders is an Intellectual Property Attorney at the Boston-based law firm, Nutter. Steven can be reached at

For more information about Steven, See Steven’s Martin Trust Center Biography at:



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