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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.

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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.

Practical Examples and Scenarios

Software patenting becomes necessary in the following situations:

  • AI and Machine Learning: A startup creates an algorithm that diagnoses diseases from medical images faster than a doctor. This solves a technical problem and is therefore patentable.
  • Industrial Automation: Software that controls robotic machinery in a factory to reduce energy consumption. Here, the software directly relates to a physical process, making it patentable.
  • Data Encryption and Security: A new method for data compression or encryption that speeds up the processor or reduces memory load.
  • Application Interface (GUI): In some cases, if an interface solves a specific ergonomic or technical task, its elements can be protected (though design patents are often more relevant).

Georgian Legal Framework

The field is regulated by the Patent Law of Georgia. According to Article 16 of the law, computer programs as such are not considered inventions. However, "Sakpatenti" guidelines and court practice clarify that if a program is part of a technical system or provides a "further technical effect," it can be patented. Copyright (regulated by the Law on Copyright and Related Rights) protects code from copying, but a patent protects the functionality of the algorithm, offering much stronger protection. The Paris Convention on the Protection of Industrial Property is also important, defining priority rights for international applications.

The Process: Working with a Specialist

The process begins with a detailed technical description:

  1. Idea Decomposition: You describe the working principle of the program, and the lawyer isolates the technical aspects.
  2. Search: Global databases (Google Patents, Espacenet) are checked to see if a similar technical solution is already known.
  3. Drafting the Application: Claims are written to define the scope of protection. This is the most critical stage.
  4. Filing and Examination: Submitting documents to Sakpatenti. Examination takes on average 12-18 months.
  5. Granting the Patent: If the decision is positive, a patent valid for 20 years is issued.

Why Legal.ge?

Software patenting requires not only legal but also deep technical knowledge. An incorrectly drafted application will inevitably lead to a refusal due to "lack of patentability." Legal.ge gives you access to patent attorneys who have experience in the IT sector and know how to overcome legislative barriers to protect software inventions. Find a qualified specialist on Legal.ge and ensure monopoly protection for your technology.

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