Software and artificial intelligence can move quickly from concept to prototype, product, platform, or business.
But protecting the underlying innovation is not always straightforward. Many software inventors and AI founders ask similar questions: Can software be patented? What parts of an AI system may be protectable? Should source code, datasets, or model training methods remain confidential? How should a startup protect technology created by founders, developers, contractors, or technical collaborators?
Babino Law Group helps software inventors, engineers, AI founders, and early-stage technology startups evaluate and protect computer-implemented innovations. The firm provides technically informed patent and intellectual property counsel for clients building software platforms, AI systems, data-processing technologies, automation tools, and related computer technologies.
Led by Intellectual Property Counsel Donell Babino, a registered patent attorney authorized to practice before the United States Patent and Trademark Office, the firm helps clients translate complex technical ideas into clear, strategic IP protection.
Based in Chicago, Babino Law Group serves patent clients throughout the United States.
Software Patents and Computer-Implemented Inventions
Software-related inventions are often misunderstood. A software product is not automatically patentable simply because it is new, useful, or commercially valuable. At the same time, software-based innovations may be eligible for patent protection when they involve a technical solution to a technical problem.
A strong software patent strategy begins with understanding the actual technical contribution behind the invention.
That may include:
- How the system is structured
- How data is processed or transformed
- How components communicate
- How performance, security, scalability, automation, or reliability is improved
- How the invention differs from conventional approaches
- Which features may provide meaningful commercial value
- How the technology may be implemented in alternative ways
Babino Law Group works with inventors and technical teams to identify the substance of the innovation and determine whether patent protection may be appropriate.
AI and Machine-Learning Inventions
Artificial intelligence and machine-learning technologies raise important intellectual property questions.
An AI-related invention may involve more than a model alone. Protectable or strategically valuable aspects may include the system architecture, training methods, data-processing pipeline, feature extraction process, model deployment workflow, prediction method, feedback mechanism, optimization technique, or integration with a larger software platform.
Babino Law Group assists clients developing AI and machine-learning technologies involving:
- AI and machine-learning models
- Training data workflows
- Model outputs and prediction systems
- Automation tools
- Data classification and analysis
- Decision-support systems
- Natural language and content-processing tools
- Computer vision or signal-processing applications
- AI-enabled software platforms
- Internal AI tools and technical workflows
For AI businesses, patent protection may be only one part of the strategy. Trade secret protection, ownership agreements, confidentiality practices, and careful documentation may also be important.
What Types of Software and Computer Technologies May Be Protected?
Babino Law Group works with clients developing a range of computer-implemented technologies, including:
- Software platforms
- SaaS products
- Mobile applications
- APIs and integration tools
- Cloud-based software systems
- Distributed systems
- Databases and data-processing technologies
- AI and machine-learning systems
- Automation tools
- Developer tools
- Operating systems and virtualization technologies
- Business-process software
- Internet technologies
- Computer architecture
- Emerging software and computing technologies
The right form of protection depends on the nature of the technology, how it is used, whether it has been publicly disclosed, whether it can be reverse engineered, and the client’s business goals.
Can Software Be Patented?
In some cases, yes.
Software may be patentable when the invention is directed to a specific technical improvement rather than an abstract idea alone. Patent eligibility can depend on how the invention is described, what problem it solves, how it improves computer functionality or another technical field, and how the claims are drafted.
For example, patent strategy may focus on improvements involving:
- Data processing
- System performance
- Network operations
- Security
- Automation
- Computer resource management
- Distributed computing
- Machine-learning workflows
- Technical platform architecture
- Control of computer-implemented processes
Babino Law Group helps clients evaluate software inventions with these issues in mind. The firm does not simply ask what an app or platform does from a user’s perspective. It works to understand how the technology operates and where the technical innovation may exist.
Protecting AI Workflows, Data, and Internal Systems
Not every valuable part of an AI or software business should be disclosed in a patent application.
Some assets may be better protected through confidentiality and trade secret strategies, especially when the information is difficult to reverse engineer and can be kept confidential.
Potential trade secret assets may include:
- Source code
- Algorithms
- Model training methods
- Internal prompts and prompt-engineering workflows
- Tuning processes
- Data-cleaning methods
- Proprietary datasets
- Model evaluation procedures
- Deployment workflows
- Technical documentation
- Internal automation systems
- Product roadmaps
Babino Law Group helps clients evaluate when to consider patent protection, when to preserve information as a trade secret, and how those strategies may work together.
Ownership Issues for Software and AI Startups
Software and AI companies often rely on founders, contractors, developers, engineers, consultants, and outside vendors. Without clear agreements, ownership of code, inventions, technical documentation, data, models, or related intellectual property may become uncertain.
This can create problems during fundraising, licensing, product launch, acquisition discussions, or disputes among collaborators.
Babino Law Group helps clients address ownership and confidentiality issues involving:
- Founder-created technology
- Contractor-developed software
- Developer agreements
- Invention assignment provisions
- Confidentiality agreements
- Joint development relationships
- Technical documentation
- Source code and algorithm ownership
- AI-generated or AI-assisted outputs
- Internal product and engineering work
Clear ownership documentation can help protect the business and reduce future obstacles.
IP Strategy for Software Inventors and AI Founders
A strong intellectual property strategy may involve patents, trade secrets, copyrights, trademarks, agreements, and ongoing portfolio planning.
Babino Law Group helps clients think through questions such as:
- What parts of the technology may be patentable?
- What information should remain confidential?
- Has the invention already been disclosed?
- Are contractors or collaborators involved?
- Does the company own the software and technical work?
- Should a provisional patent application be filed?
- Is a patentability assessment appropriate?
- Are there investor, licensing, or launch deadlines?
- Should the company develop an ongoing IP portfolio?
- How should new technical improvements be captured over time?
For growing software and AI companies, the firm can also provide outside and fractional IP counsel to support ongoing invention review, patent strategy, ownership cleanup, confidentiality practices, and portfolio development.
Counsel That Understands the Technology
Software, AI, and computer-implemented inventions require counsel who can engage with technical detail.
Donell Babino brings a background in computer science, physics, and intellectual property law to help clients explain and protect sophisticated technologies. The firm’s process is collaborative, practical, and designed for inventors, engineers, and founders who need their technology understood before it can be protected.
Frequently Asked Questions
Can I patent an app or software platform?
Possibly. The question is not simply whether the invention is an app or platform, but whether it includes a patentable technical innovation. The specific architecture, data processing, system operation, automation, or technical improvement may be important.
Should I protect software with a patent or trade secret?
It depends. Patent protection may be useful when the innovation can be meaningfully claimed and commercial protection is worth the public disclosure. Trade secret protection may be more appropriate for confidential implementation details, source code, algorithms, datasets, or workflows that can be kept secret.
Can AI-related inventions be patented?
In some cases, yes. Patent strategy may focus on the AI system, training method, technical workflow, data-processing pipeline, deployment architecture, or specific technical application. Each invention must be evaluated based on its own facts.
Who owns software created by a contractor?
Ownership depends on the written agreements and surrounding facts. Startups should not assume they own contractor-created software, technical documentation, or inventions without clear assignment language.