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Insights: Publications

Should You Patent Your App?

The IP Strategist Blog

May 4, 2017

Written by Daniel J. Sherwinter

Well…it depends. Sometimes yes, most times no. Importantly, while people will say the software is not patentable, that is simply not true. Patents on innovations implemented in software are available and can be enormously valuable. But they may also be expensive or otherwise ill-advised in many instances. It is important not to jump in without a good understanding of the pros and cons as they relate to your business value and overall strategy. That said, it is also important to consult a patent attorney early and often to make sure you aren’t missing critical dates and losing rights. [By the way, “patents” are used in this post to mean utility patents (directed to utilitarian aspects of an app) as opposed to design patents or other forms of protection.]

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Daniel J. Sherwinter

Patent Of Counsel

Denver, CO

dsherwinter@kilpatricktownsend.com