Algorithms themselves can’t be patented because of their abstract nature, but software can.
In patent law, an algorithm is an abstract set of steps.
Software, however, is a real, concrete product. Patent law permits the underlying concept of software to be patented, with different restrictions by country.
Read more about how to protect your algorithm by patenting software here.
Different countries have different rules for how to present and describe software in patent applications so that it is patentable. Since patents are a per-country-right, your best bet is to speak with a patent expert.
In the US, the software is broadly patentable. Even business method ideas may be patentable, which is the application of known technology to a new commercial problem.
The European Patent Office, on the other hand, permits software to be patented with restrictions — for example, it must be technical in nature.
China also permits software to be patented, as does Canada, Australia, and Israel.
If this is still unclear and you have any additional questions, check out our extended article or feel free to contact us.
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