Can computer programs be patented? The answer is not simple.

Under certain tests, the USPTO awards patent protection to a piece of software. The former Court of Customs and Patent Appeals (CCPA), known today as the Court of Appeals for the Federal Circuit, has held that computer processes are statutory unless they fall within a judicially determined exception.

The original cases that went to the U.S. Supreme Court from the CCPA provided guidance to the USPTO on the patentability of computer-related inventions and software. However, the USPTO and some patent attorneys disagree on the interpretation of the cited court cases.

As if this situation weren’t murky enough, in recent years, a spate of cases are prompting the USPTO to review its guidelines.

As a standalone invention, a software program per se may not be patentable, but in view of new court decisions, the USPTO interpretation of existing case law may change.

If you want to patent a computer software program, it just may be possible. Consult a patent lawyer who stays current with the case law. Or watch for news about this in the Official Gazette or the Manual of Patent Examining Procedure.