Why I Don’t Take Software or App-Only Inventions (and Who Might Be a Better Fit)

Inventors often ask:

“I have an app idea / software platform, can you help me patent it?”

Short answer: No, and that’s on purpose.

Let me explain why, and then I’ll point you in a better direction.

My practice is built for physical, mechanical products

Patent My Product, PLC is intentionally focused on:

• mechanical devices

• physical products

• tools and hardware

• consumer goods

• engineered assemblies

• “hold it in your hand” inventions

This is how I can:

• keep the process simple,

• keep the fees flat and predictable,

• build a reliable 3-step system, and

• Why software and app patents are a very different beast

  Software and app-only inventions often run into:

  • subject-matter eligibility issues (abstract ideas, algorithms, business methods)

  • rapidly changing case law

  • shifting USPTO guidance

  • more subjective examiner behavior

  • longer, more complex prosecution

  They require:

  • extensive experience with 101 (eligibility) rejections

  • deep familiarity with software patent case law

  • often, a completely different claim strategy

  That’s a different specialization than what I’m offering here.

  Trying to do everything usually means doing nothing well

  If I tried to:

  • handle high-tech software cases,

  • biotech,

  • chemical,

  • AND mechanical products,

  I’d either:

  • drift into generic, unfocused work, or

  • Instead, I chose the In-N-Out model: Do one thing, do it well, and keep it simple.

    Who might be a better fit for software/app inventions?

    For pure software or app-only ideas, you’re generally better served by:

    • firms that advertise a focus on software/business-method patents,

    • attorneys with a heavy track record in 101/112-heavy litigation & prosecution,

    • lawyers who live in the software/AI patent trenches full-time.

    They’ll be better set up for:

    • handling abstract idea challenges,

    • crafting claim sets across method, system, and computer-readable medium claims,

    • and navigating rapidly shifting case law.

    What if my invention is a physical product that uses software?

    If the core invention is a physical product or mechanism, and the software is simply:

    • controlling it,

    • communicating with it, or

    • providing optional functionality,

    then you might still fit my model.

    In those cases, we focus on:

    • the physical structure/mechanism, and

    • the functional relationship between parts.

    We’re not trying to patent “the idea of an app.” We’re protecting the engineered product and its operation.

    The bottom line

    I don’t take software-only or app-only inventions because:

    • it’s not my specialization,

    • the legal landscape is far more volatile, and

    • it would undermine the simplicity and reliability of the 1-2-3 product model.

    If your invention is fundamentally a physical product, I’d love to talk. If it’s purely software/app, you’ll be better off with counsel who lives in that world every day.

    Where does your invention stand?

    The Step 1 readiness call is free for a limited time. Bring your idea and your questions, and get a straight answer.

    Book Your Free Readiness Call