Should You Patent Your Software? A Bootstrapper's Guide

Short answer: Most bootstrapped software founders should not patent their software, at least not yet. Software patents are hard to get after the Supreme Court's Alice decision, slow to grant and expensive once attorney time is added, while trade secrets, copyright, a trademark and speed protect most indie products for a fraction of the cost. The exception is a genuinely technical invention you plan to disclose soon: then a USPTO provisional application, from $65 in fees, buys you 12 months to decide.

Every fee, rule and quote below comes from official pages checked on 11 Nov 2026; the advice is ours and marked as such. This is not legal advice. Talk to a registered patent attorney or agent before relying on it.

TL;DR#

• Most SaaS logic is a weak patent candidate. In Alice Corp. v. CLS Bank (2014), the Supreme Court held that "merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention" (Cornell LII).
• Government fees are modest, attorneys are not. A USPTO provisional costs $325, $130 (small entity) or $65 (micro entity) (USPTO fee schedule). Our read: drafting by a professional is usually the bigger bill.
• Launching is a disclosure. The US gives you one year after your own disclosure (MPEP 2153). The UK says an invention "must not have been made publicly available anywhere in the world" (GOV.UK).
• Cheaper protection covers most founders: trade secrets, copyright, a trademark and written IP assignments.
• Free help exists via USPTO pro bono programs and law school clinics.

Disclosure: ZeroRaised is a launch site for bootstrapped products. We have no relationship with any law firm, patent service or office mentioned here and earn nothing from your choice. Not legal advice.

The four ways to protect software#

The fee figures come from the USPTO fee schedule and US Copyright Office fees. For names and logos, our guide on how to trademark a startup name covers the process; we will not repeat it here. Our read: most small software businesses win on brand and distribution, not mechanism, so the trademark often matters more than a patent.

Can you even patent software?#

United States: the Alice test#

In Alice Corp. v. CLS Bank International, decided June 19, 2014, a unanimous Supreme Court held that "the claims at issue are drawn to the abstract idea of intermediated settlement" and that "merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention" (Cornell LII).

In practice, "do a known business process, but on a computer" is not enough. The USPTO's subject matter eligibility page points examiners to MPEP sections 2103 to 2106.07 and lists later guidance, including the 2024 update on artificial intelligence (effective July 17, 2024).

Our read on what tends to be a stronger or weaker candidate:

UK and Europe: "technical" is the word#

GOV.UK lists "software that has a 'non-technical' purpose" among things you cannot patent and says: "Only software with a technical purpose can be granted a patent." It also warns: "If your invention is software, you may need professional advice whether it can be patented" (GOV.UK).

At the European Patent Office, the Guidelines for Examination, G-II 3.6 treat computer programs as excluded when claimed as such under Article 52 EPC, and require a further technical effect beyond the normal interaction between program and computer. That is a paraphrase; read the guideline itself before relying on its exact wording.

Timing: your launch is a disclosure#

A launch post, demo video, public repo or detailed blog post can count as disclosing your invention.

• United States: under 35 U.S.C. 102(b)(1), a disclosure "made one year or less before the effective filing date of the claimed invention" by the inventor is excepted from prior art (MPEP 2153). So you have up to a year after launching to file in the US.
• UK: the invention "must not have been made publicly available anywhere in the world" before you apply (GOV.UK).
• Europe: the EPO's Guidelines on non-prejudicial disclosures cover only narrow cases, such as evident abuse or display at an officially recognised international exhibition, within six months before filing (EPO Guidelines G-V). A normal product launch is not one of them.

Our read: if there is any chance you will want a patent outside the US, file before you launch your app publicly. If you only care about the US, the grace period gives you breathing room, but relying on it is still riskier than filing first.

What a US software patent costs in fees#

Fees below are from the USPTO fee schedule, which shows "Effective January 19, 2025 (Last revised November 1, 2026)".

The same page lists a $70 electronic basic filing fee for small entities (code 4011) and a $400/$200 surcharge for paper filings, so file online.

Micro entity status gives "an 80% reduction on most fees" (USPTO micro entity status). On the income basis, the maximum qualifying gross income "has changed to $262,380" as of September 15, 2026, and inventors must not have been named on more than four previously filed applications, among other conditions.

Worked example (illustrative, USPTO fees only)#

A solo founder files a provisional, then a utility application within 12 months, and the patent is allowed without extra claim fees:

A small entity using the $70 electronic filing fee would pay $1,376. This excludes attorney fees, excess claim fees, foreign filings and maintenance fees. Our read: attorney fees are usually the larger cost, especially if an eligibility rejection needs several rounds of responses.

For comparison, GOV.UK says a UK patent "costs at least £405 if you complete the process", that professional help "can cost several thousand pounds", and that "you are unlikely to get a patent without professional help" (GOV.UK).

The provisional: a cheap 12-month option#

A provisional application is the bootstrapper's best friend if you are unsure. Per the USPTO provisional application page:

• It "has a pendency lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended."
• It "allows the term 'Patent Pending' to be applied in connection with the description of the invention."
• It "is not required to have a formal patent claim or an oath or declaration."
• Provisional applications "are not examined."

Our read: a provisional only supports what it actually describes, so a thin one-pager written the night before launch may not hold up. Describe the technical method fully, with diagrams and alternatives.

Cheaper protection that covers most indie software#

Trade secrets#

A SaaS keeps its most valuable logic on your servers. That is a natural trade secret. In the US, the Defend Trade Secrets Act of 2016 "amended the Economic Espionage Act to establish a private civil cause of action for the misappropriation of a trade secret", and it "does not preempt existing state trade secret law" (USPTO trade secret policy).

Our checklist: keep core logic server-side, limit repo access, use NDAs and revoke access when people leave.

Copyright#

Your code is protected by copyright as soon as you write it. Registering it in the US is cheap: the Copyright Office lists $45 for an electronic filing by a single author, same claimant, one work, not for hire, and $65 for a Standard Application (Copyright Office fees). Computer programs are registered as literary works (Copyright Office literary works). Copyright stops copying of your code, not independent reimplementation of the idea.

IP assignments (do this regardless)#

If a contractor or co-founder wrote part of your product without a written assignment, you may not fully own it, which matters for patents, copyright and any future sale. Get signed IP assignment clauses before work starts; our guide to hiring your first contractor as a solo founder covers the contract basics.

Defensive publication#

If your worry is someone else patenting your idea, publish it. Technical Disclosure Commons calls itself "a repository for Defensive Publications", many published "for the specific purpose of preventing subsequent patenting of those ideas." Open source code and detailed technical posts also create prior art. Our read: cheap and effective, but it gives up your own patent rights to what you publish.

Decision guide#

This is our editorial framework, not legal advice.

Free and low-cost help#

• USPTO Patent Pro Bono Program: "a nationwide network of independently operated regional programs that matches volunteer patent attorneys and agents with financially underresourced inventors and small businesses." Eligibility includes "gross household income less than three times the federal poverty level guidelines" and a "demonstrated understanding of the patent system", for example by having a provisional already on file; regional programs may differ (USPTO Pro Bono).
• Law School Clinic Certification Program: "over 70 participating law school clinics" that "provide legal services pro bono to the public, including to inventors, entrepreneurs, and small businesses"; each school sets its own intake rules (USPTO law school clinics).

Frequently asked questions#

Can you patent software at all?#

Yes, but not every piece of software. In the US, Alice Corp. v. CLS Bank (2014) held that merely requiring generic computer implementation fails to turn an abstract idea into a patent-eligible invention. The UK IPO says only software with a technical purpose can be granted a patent, and the EPO excludes computer programs claimed as such. Software that solves a technical problem in a technical way has a chance; business rules running on a server usually do not.

How much does a software patent cost in the US?#

USPTO fees alone, as checked on 11 Nov 2026, add up to about $3,615 for a large entity, $1,446 for a small entity and $723 for a micro entity if you file a provisional, then a utility application with search and examination, and pay the issue fee. That excludes attorney fees, which are usually the larger cost, extra claim fees, and maintenance fees after grant.

Should I file a provisional patent before launching?#

Only if you have a specific technical invention you might want to patent and you plan to disclose it. A provisional gives you a filing date and lets you say patent pending for 12 months, and it costs $65 to $325 in USPTO fees. The US has a one-year grace period for your own disclosures, but the UK and Europe expect the invention to be new when you file, so filing before launch keeps those options open.

Is a trade secret better than a patent for a SaaS?#

Often, yes. A SaaS keeps most of its valuable logic on the server where customers cannot see it, so a trade secret can last as long as you keep it secret, costs nothing to file, and is backed in the US by the Defend Trade Secrets Act's federal civil claim for misappropriation. A patent makes you publish the invention in exchange for a limited term.

Is my code protected by copyright without a patent?#

Copyright protects your code as written, and the US Copyright Office registers computer programs as literary works. Electronic registration costs $45 for a single author's single work or $65 for a Standard Application. Copyright does not stop someone writing different code that does the same thing; that is what a patent would cover.

Protect it, then ship it#

For most bootstrapped products, the best protection is staying ahead. Once your IP basics are in place, launch on ZeroRaised for free alongside other products built without VC, and join the ZeroRaised newsletter for more practical guides on building without investors.

Sources#

• USPTO fee schedule, last checked 11 Nov 2026
• USPTO micro entity status, last checked 11 Nov 2026
• USPTO provisional application for patent, last checked 11 Nov 2026
• MPEP 2153, prior art exceptions under 35 U.S.C. 102(b)(1), last checked 11 Nov 2026
• USPTO subject matter eligibility, last checked 11 Nov 2026
• Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014), Cornell LII, last checked 11 Nov 2026
• GOV.UK: Apply for a patent, last checked 11 Nov 2026
• EPO Guidelines G-II 3.6, programs for computers, last checked 11 Nov 2026
• EPO Guidelines G-V, non-prejudicial disclosures, last checked 11 Nov 2026
• USPTO Patent Pro Bono Program, last checked 11 Nov 2026
• USPTO Law School Clinic Certification Program, last checked 11 Nov 2026
• USPTO trade secret policy, last checked 11 Nov 2026
• US Copyright Office fees, last checked 11 Nov 2026
• US Copyright Office: literary works registration, last checked 11 Nov 2026
• Technical Disclosure Commons, last checked 11 Nov 2026