General information only, not legal advice. Your patent counsel should make the final calls.
01
Where protectable work sits in a codebase
The strongest candidates are usually technical improvements to how a computer system works: a faster way to index data, a new method for syncing state across devices, a scheduling approach that cuts infrastructure cost. Business rules on their own tend to face more scrutiny under U.S. eligibility law, so the technical mechanism matters.
Good places to look are the modules your senior engineers are proudest of, the performance fixes that changed your cost curve, and the components competitors would most like to copy.
What to get ready
- Ask tech leads which problems took the longest to solve and why the fix works.
- List the components that set your product apart on speed, accuracy or cost.
- Note any approach the team considered unusual when it was first proposed.
02
Patent or trade secret
Code running on your own servers is often invisible to competitors, which can make backend methods reasonable trade secret candidates, as long as access is controlled and the know-how is documented. Features users can see, or that ship inside a client app, are easier to study and are often discussed as patent candidates instead.
What to get ready
- Sort each candidate by whether a competitor could observe or reverse engineer it.
- Review the visible ones with counsel for patent filing.
- Record which methods you keep confidential and who has access.
03
Releases, open source and public disclosure
Public releases, conference talks, technical blog posts and open source commits can all count as disclosure. Timing rules differ by country, and some jurisdictions offer little or no grace period, so it helps to check with counsel before anything novel goes public.
What to get ready
- Add an invention check to the release checklist for major features.
- Review planned open source contributions for core methods before publishing.
- Route engineering blog drafts past whoever owns IP decisions.
04
Reviewing code without it leaving your systems
A code review gives the clearest picture of what a team has built. When a company opts for one, we can work read-only inside your environment under your own access controls. Code is not required to start: product documentation, demos and public materials are often enough for a first pass.
What to get ready
- Decide which repositories, if any, are in scope for review.
- Set up read-only access under your existing permissions.
- Agree in writing on what notes are kept and where.
Common questions
Can software still be patented?
In the U.S., many software inventions continue to be patented, particularly where they improve how a computer system works. Eligibility depends on the specific claims, so licensed patent counsel should assess each case.
Do you need our source code?
No. Code review can deepen the work, and when a company chooses it we review read-only inside your environment. We can also start from product documentation, demos and other public materials.
Does open source affect patentability?
Publishing code can count as public disclosure, which may affect patent rights depending on timing and jurisdiction. Counsel should review plans before novel methods are released.
Do you only document what we already built?
No. Our main work is developing new, commercially screened inventions around your roadmap. We can also identify inventions already in your product. Independent licensed patent counsel handles legal assessment and filing.
Shipping inventions every sprint without capturing them?
We develop new inventions around your software roadmap and prepare materials for independent patent counsel to review and file.
Schedule a Strategy CallIdea Partnership is not a law firm and does not provide legal advice. This page is general information only. Consult licensed patent counsel about your specific situation.