By Joseph Saltiel, Partner, Dinsmore & Shohl LLP
Software companies need to weigh whether or not it’s a smart investment to spend up to $50,000, plus the potential cost of litigation, for a patent that might not be enforceable in court.
Software has transformed our society, and like with any innovation, software companies have been zealous trying to protect their IP by seeking patents. Since 2012, the United States Patent and Trademark Office (USPTO) issued an average of 300,000 patents per year, and a majority of the issued patents are software-related. And while tech giants like Google, Microsoft, and Apple are among the companies with the most issued patents each year, many smaller software companies have also sought patent protection.