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  1. Services
  2. Intellectual Property Law
  3. Patents
  4. Patent Filing
  5. Software Patent Applications

Services

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Patent Filing

Software Patent Applications

Is software patentable in Georgia?

Pure source code is not patentable; it's protected by copyright. However, "computer-implemented inventions" that solve a technical problem (e.g., encryption methods, hardware control) can be patented.

What is the difference between copyright and patent for software?

Copyright protects the specific expression of code (the text), while a patent protects the underlying functional idea or method. Patents offer broader protection but are harder and more expensive to obtain.

Can I patent a business method implemented by software?

Generally, no. Business methods are excluded from patentability in Georgia and under the European Patent Convention. The invention must have a technical character and not just automate a business process.

How long does it take to get a software patent?

The process typically takes 2-4 years, depending on the complexity and examination objections. Accelerated examination options are available at Sakpatenti for an additional fee.

4 min·9 Jan 2026

Software patenting is one of the most complex and specialized areas of intellectual property law. In Georgia, as in member states of the European Patent Convention, "computer programs as such" are not patentable. However, a "computer-implemented invention" can be patented if it solves a technical problem and produces a technical effect. This service is vital for IT companies, FinTech startups, and developers who want to protect their innovative algorithms and systems from competitors. A patent grants the owner the exclusive right to prohibit the use of their invention, increasing the company's market value and attractiveness to investors.

What Software Patent Application Services Cover

Specialized patent attorneys on Legal.ge offer full services for protecting software inventions:

  • Preliminary Patentability Assessment: Analyzing the code and algorithm to determine if it meets the "technical character" requirement and its chances of being patented in Georgia or abroad.
  • Drafting Patent Applications: Preparing the description and claims of the invention, emphasizing the technical effect rather than just the software code, which is crucial for passing examination.
  • Representation at Sakpatenti: Filing the application, handling correspondence during formal and substantive examination stages, and answering examiners' queries.
  • International Patenting (PCT): Filing applications at the international level (via WIPO) to protect software in the US, Europe, and Asian countries.
  • Responding to Rejections: Preparing a substantiated response letter and appealing to the Chamber of Appeals if Sakpatenti issues an initial refusal.

Updated: 14 Oct 2026

Legal basis:

  • საავტორო და მომიჯნავე უფლებების შესახებ