Software Patent Attorney

Software patent work begins with understanding how the technology works, what is technically different about it, and how that distinction should be described and claimed in a patent application.

Sherinian Law handles patent strategy, drafting, filing, and USPTO prosecution for inventors and technology companies across the United States. That includes work involving AI, SaaS platforms, mobile applications, and other computer-implemented technologies.

Konrad Sherinian, Managing Partner at Sherinian Law
  • Hundreds of Patent Applications Filed
  • Software & AI Patent Experience
  • Nationwide U.S. Representation

Before You Launch, Understand What May Be Protectable

Founders and developers sometimes dismiss a new product or feature as “just software” without considering whether patent protection may be relevant. That assumption can influence launch or disclosure decisions before the patent question has been examined.

A product launch or public disclosure can affect the options available later. That makes timing worth addressing before those decisions are made, rather than waiting until the software has already been released or disclosed.

ATTORNEY VIDEO

Konrad Sherinian on Software Patent Strategy

Konrad Sherinian discusses software patent considerations for founders, developers, and technology companies evaluating whether patent protection may be relevant to their technology. Hear directly from the attorney handling Sherinian Law’s software patent work.

Can Software Be Patented?

Some software-related and computer-implemented inventions can qualify for U.S. patent protection. Software is not automatically an abstract idea, but patent eligibility under 35 U.S.C. §101 and Alice depends on what the claims cover and how the claim is analyzed as a whole.

If a claim involves an abstract idea, factors such as whether it is integrated into a practical application and whether the claimed invention improves computer functionality or another technology can be relevant. Merely instructing a generic computer to carry out an abstract concept is not enough. Eligibility is also only one part of patentability; novelty, nonobviousness, and adequate disclosure must be addressed separately.

For the deeper legal framework, see our guide to whether software can be patented.

What Types of Software Inventions Do We Help Protect?

Software inventions can involve very different architectures and functions. Sherinian Law has handled work involving artificial intelligence, mobile communications, cloud and backend platforms, distributed networks, and software-controlled systems.

AI, Machine Learning & Computer Vision

Sherinian has worked with software involving large language models, image and facial recognition, automated facial modeling, and camera-based computer vision. The underlying work can turn on how models process inputs, how images are analyzed, or how recognition functions operate within a larger product.

Mobile Apps & Connected Software

The important functionality in a mobile product often extends beyond what appears on the screen. Relevant work has involved location-enabled features, mobile communications, real-time interactions, and connected functionality that depends on both the device and the infrastructure supporting it.

SaaS, Cloud, APIs & Databases

For platform-based products, key functionality may sit in the backend rather than the interface. Sherinian’s experience includes cloud architecture, APIs, SDK-related technology, databases, data processing, and SaaS functionality in which several components interact to perform a core operation.

Distributed, Networked & Software-Controlled Systems

Distributed and networked projects have included consensus systems, network protocols, real-time communications, and software-controlled functionality. Sherinian has also handled industrial and data-driven software in which computing components coordinate communication, processing, or control across a broader system.

Representative Software Patent Work

These issued U.S. patents are selected examples from Sherinian Law’s verified software and computer-implemented patent work. They span software testing, location-based communications, distributed systems, and video and file-management technology.

Automated SDK Testing

The related patents concern automated testing of software development kits (SDKs) and software used to evaluate SDK functionality. Together, they provide an issued-patent example involving software-testing systems used in development environments.

These patents were drafted and prosecuted by Sherinian Law.

Location-Based Communication

The patent concerns location-based communication functionality in which location information forms part of how users or devices communicate or interact. The subject matter gives the page a concrete example of mobile and location-aware software represented in an issued U.S. patent.

This patent was drafted and prosecuted by Sherinian Law.

Distributed Software & Consensus

The patent concerns peer-to-peer distributed functionality involving records maintained through a consensus-based system. Its subject matter involves distributed software, shared records, and consensus mechanisms.

This patent was drafted and prosecuted by Sherinian Law.

Video Recording & File Management

The patent concerns software for video recording and associated file-management functionality. The subject matter centers on how recording software manages video and related digital files within the system.

This patent was drafted and prosecuted by Sherinian Law.

Software Patent Results & Experience

The representative patents above show individual matters. Sherinian Law’s broader patent practice includes hundreds of filed applications and issued patents, while selected technology clients reflect repeat patent work spanning multiple years.

Approximately 550

Patent Applications Filed

15 Patents

Obtained for a mid-sized AI company since 2017

13 U.S. Patents + Multiple Foreign Patents

For a camera-software startup since 2020

Past results do not guarantee similar outcomes.

If you are evaluating a software invention or considering a patent filing, discuss it directly with Sherinian Law.

Why Software Patent Strategy Matters

A software patent application is more than a description of a product or feature. Drafting the application requires identifying the technical substance of the invention, deciding what belongs in the claims, and providing disclosure that supports those claims during USPTO examination.

That often requires looking beneath the interface at the system architecture, data flow, processing steps, and relationships between components. The claims help define what the patent seeks to protect, so software patent drafting involves deciding which functions and technical relationships should be claimed and how much scope the disclosure can reasonably support. Broader wording is not automatically better; the claims still need to remain tied to the actual invention and the support provided in the application.

The written disclosure matters beyond the initial claims. Describing alternative implementations and supporting embodiments can provide support for different claim approaches without forcing the invention into a single formulation. That foundation can matter during later patent prosecution and may also support continuation strategy where appropriate.

Provisional vs. Non-Provisional Software Patent Applications

A provisional and a non-provisional are different types of patent applications, not different kinds of patents. A provisional application can establish an earlier U.S. filing date for subject matter it adequately discloses, while a non-provisional application is examined by the USPTO and can proceed toward an issued patent.

Provisional Software Patent Application

A provisional application is not examined on the merits. It can establish an earlier filing date for adequately disclosed subject matter, and a corresponding non-provisional generally must be filed within 12 months to claim that benefit. Its value depends on what the provisional actually describes; later-developed technical details do not automatically receive the earlier date.

Non-Provisional Software Patent Application

A non-provisional utility application includes formal patent claims and proceeds into USPTO examination. It is the application that may ultimately issue as a patent if the applicable patentability requirements are satisfied.

Which filing route makes sense depends on the stage of development, the technical disclosure available at the time, timing, and the broader filing strategy.

For a closer look at what a provisional filing does and what it requires, see our guide to provisional patent applications.

When Should You Speak With a Software Patent Attorney?

Attorney review can make sense before public or non-confidential disclosure and once the underlying technical concept is developed enough for meaningful evaluation. The software does not necessarily need to be finished, but there should be enough substance to explain what has been developed and how the relevant functionality is implemented.

Before a Public Launch or Disclosure

A product launch, publication, public demonstration, sale or offer for sale, or non-confidential disclosure of technical details can affect patent options and filing timing. Reviewing the situation beforehand can help clarify available filing options before those events occur.

When the Core Technical Concept Is Clear

A finished product, final interface, or complete feature set is not always necessary before seeking review. The useful point is when the technical concept is concrete enough to describe with specificity and evaluate as a potential patent filing.

When New Technical Features Emerge

Software often continues to develop after an initial filing. If material new technical subject matter emerges, it may be worth reviewing whether the existing filing supports that material or whether an additional filing should be considered.

Our Software Patent Process

The work typically moves from initial engagement and technical review through drafting, client review, filing, and USPTO examination, with later steps depending on the application and prosecution.


  1. Initial Contact & Engagement

    Initial contact establishes the basic matter and fit. After the appropriate conflicts and engagement steps are completed, detailed technical review can begin.


  2. Technical Review & Filing Strategy

    Sherinian reviews the invention to identify the relevant technical concept and determine an appropriate filing approach for the matter.


  3. Drafting the Application

    The patent application and claims are prepared based on the invention and agreed filing strategy, then organized into a draft for inventor or client review.


  4. Inventor Review & Filing

    The inventor or client reviews the draft, raises questions, and provides revisions where needed. Once finalized, the application is filed with the USPTO.


  5. USPTO Examination & Prosecution

    The USPTO examines the non-provisional application. If an Office Action issues, patent prosecution may include evaluating the examiner’s positions and preparing an appropriate response.


  6. Allowance, Issuance & Next Steps

    If claims are allowed, the application can proceed toward issuance. Depending on the matter, later decisions may involve continuation work, related portfolio planning, or foreign filing considerations.

How Much Does a Software Patent Cost?

There is no single meaningful price for every software patent matter because the scope depends on the invention, the filing approach, the drafting required, and what happens later during USPTO examination. Sherinian treats software inventions as at least moderately complex patent matters, so the preparation work can be significant before later prosecution is considered.

Technical Complexity

Cost can increase with the technical complexity of the software and the amount of technical material that must be understood and developed into the patent application. More involved subject matter can require more attorney time in preparation and drafting.

Filing Approach

The scope of work can differ depending on whether the matter begins with a provisional application or moves directly to a non-provisional application. Attorney work and applicable USPTO filing fees are separate parts of the overall cost.

USPTO Prosecution

Later costs can depend on what occurs during examination. If the USPTO issues an Office Action, additional attorney work may be required to analyze the examiner’s position and prepare a response.

For fuller current pricing information, see Sherinian Law’s patent cost and fee estimates.

If you want to understand the likely scope of work for a particular software invention, Sherinian Law can review the matter in a consultation.

Software Patents for Startups & Technology Companies

Patent decisions change as a software company develops. The practical question is not simply whether the business is early-stage or established, but which technical developments are substantial enough to deserve patent review and how often those decisions need to be revisited.

IMG 2006 scaled

Early-Stage Founders

An early-stage founder may be deciding which parts of a product reflect meaningful technical work and which are still broad concepts. Patent review can help separate developments worth further attention from features that do not justify the same level of resources.

Funded & Growing Startups

For funded and growing startups, continuing engineering work can produce new technical developments across releases and product lines. The company may need a more deliberate way to decide which developments warrant further patent consideration.

Established Technology Companies

Established technology companies may have multiple products, engineering teams, and recurring technical developments. Patent work can therefore involve a repeatable internal process for identifying which developments should be reviewed and which should remain part of ordinary product development.

How Software Patents Fit Into Business Strategy

Software patents can become relevant to business decisions when the rights being pursued correspond to technology that matters to the company. Their significance depends on what the claims cover, how the claimed technology relates to the company’s products and objectives, and the context in which the rights are being evaluated.

Focused Portfolio Development

A patent portfolio does not need to include every technical feature. Companies may choose to focus filings on developments that are technically meaningful and relevant to products or longer-term technology direction, with related applications considered together where appropriate.

Licensing & Commercial Discussions

Issued patents and pending applications can sometimes become part of licensing, collaboration, partnership, or other commercial discussions. Their relevance depends on the rights involved and the particular transaction; patent ownership does not by itself guarantee revenue or negotiating leverage.

Diligence, Investment & Transactions

During financing, acquisition, investment, or other strategic review, a company may need a clear picture of what patents it owns, what applications remain pending, what the relevant claims cover, and how those rights relate to the technology under review.

CLIENT REVIEW

Direct feedback from a client about working with Sherinian Law.

It was great working with Konrad and team. They made the entire process smooth and easy. Highly recommended.

Why Choose Sherinian Law for Software Patent Work?

Sherinian Law’s differentiation comes from verifiable software-patent work and an approach that keeps the technical substance of the invention connected to the application and later USPTO work.

Verifiable Software Patent Work

The firm can point to issued patents involving software and other computer-implemented inventions rather than relying only on general statements about technology experience.

Technical Substance Drives the Work

The focus remains on the underlying technical invention and how it is supported in the application and claims, not merely on describing the visible product or feature.

Continuity Through USPTO Prosecution

The work can extend from filing strategy and drafting through USPTO examination and Office Action response, keeping later prosecution connected to the original application work.

Repeat Work With Technology Clients

The firm’s evidence includes multi-year, multi-filing work for technology clients, demonstrating repeat patent work across multiple matters rather than a single isolated engagement.

Konrad Sherinian, patent attorney and managing partner at Sherinian Law

Managing Partner | Patent Attorney

Meet Konrad Sherinian

Konrad Sherinian is the Managing Partner of Sherinian Law and has been admitted to practice before the U.S. Patent & Trademark Office since 2004. His technical background includes a B.S. in Electrical Engineering & Applied Physics, earned cum laude.

He earned his J.D. summa cum laude. His practice includes representing inventors and technology companies seeking patent protection, with a technical background that is directly relevant to patent matters involving complex and computer-implemented technologies.

View Konrad Sherinian’s attorney profile

Software Patent Attorney FAQs

Not always. An individual applicant can generally file and prosecute a U.S. patent application without hiring counsel, while a company or other juristic entity must be represented before the USPTO by a registered patent practitioner. Even when representation is optional, software applications can involve demanding disclosure, claim, and prosecution decisions.

Discuss Your Software Invention With a Patent Attorney

If you have developed software or computer-implemented technology with a technical feature you believe may warrant patent consideration, the next step is to discuss the matter with Sherinian Law. A consultation can help determine whether further patent review or a filing decision makes sense for the specific invention.

Please do not send confidential or sensitive invention details through the initial contact form. Contacting the firm or submitting the form does not by itself create an attorney-client relationship.

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