Key Takeaways

  • You cannot patent an entire website, but unique processes, software, and designs on a site may qualify for a utility or design patent.
  • A website idea must be useful, novel, and non-obvious to qualify for a patent.
  • Additional protections like copyrights, trademarks, and trade secrets are often used alongside patents.
  • Design patents can protect the visual appearance of a website, while utility patents cover unique functionalities or processes.
  • Filing a provisional patent application can secure your idea early while buying time to develop the full application.
  • Hiring a patent attorney can significantly increase the chances of approval and proper protection.

Website Patents: Everything You Need to Know

Website patents are obtained when you want to protect your business’s website from infringement. If you have a profitable website idea, you’ll want to protect your intellectual property with a patent. It’ll give you an edge over competitors. Keep in mind, however, that the entire website itself or the source code cannot be patented. But various elements within the website including software, can be patented. While you may want to protect the methodology of the software program being used, there is no guarantee, as you will still need to submit your website patent application for review before it can be approved.

What Parts of a Website Can Be Patented?

While an entire website cannot be patented, certain elements within it can be protected under U.S. patent law:

  • Utility Patents: These can cover functional components like a unique algorithm, user interface process, or backend logic that performs a specific, novel task. A famous example is Amazon’s “One-Click” checkout process.
  • Design Patents: These protect the look and feel of a website, including layout, color schemes, or aesthetic elements—if the design is both unique and non-functional.
  • Software Functions: If the website includes proprietary software or a novel way of doing something (e.g., a booking system or data visualization tool), that function may be patentable under a utility patent.
  • Process Innovations: If your site introduces a new way users interact with a digital product or service, this process might be patent-eligible.

To strengthen your patent application, document the specific features you believe are unique. Sketch diagrams or write clear, claim-style descriptions that emphasize how your idea differs from existing solutions.

Considerations When Wanting to Start an Online Business

  • Smaller website businesses usually don’t have any patents.
  • Although source code is not protected by a patent, you can obtain copyright protection over it, which can protect the code itself, along with images and other creative aspects of the website. Having a copyright will prevent others from using it. If they do, you can file an infringement suit against them.
  • If you are establishing a startup company, you’ll want to focus on developing your business, setting goals, and protecting your brand before obtaining a patent.
  • You can obtain a patent for software inventions. This wasn’t the case prior to 2010 in Canada. Courts determined that the same criteria for other patents will be used in determining if software inventions can in fact obtain patent protection.
  • If you are an entrepreneur, you’ll want to ask yourself some questions before obtaining a patent, including, “Would a patent give my business a competitive edge over other businesses operating in the same industry?” “If I choose to sell my website business in the future, would a potential buyer find this patent valuable and helpful?” and “Would a patent be defendable if it is infringed upon?”

Legal Alternatives to Website Patents

Because not all website elements qualify for patent protection, consider combining other forms of intellectual property (IP) safeguards:

  • Copyrights: Protects original content such as source code, images, copy, videos, and audio. This is automatic upon creation but can be registered for added legal leverage.
  • Trademarks: Protects brand identity elements like your logo, domain name, and business name. A trademark helps you stop others from using similar branding that may confuse your customers.
  • Trade Secrets: Protect confidential business logic, strategies, or backend processes (e.g., recommendation algorithms) by not disclosing them publicly. Use NDAs with employees and contractors.
  • Non-Disclosure Agreements (NDAs): A critical step when sharing your idea with developers, marketers, or investors to prevent unauthorized disclosure.

These combined protections create a more comprehensive strategy for defending your website idea even if it doesn’t qualify for a patent.

How to Get a Website Patent

Before going through the steps of obtaining a patent, keep in mind that your invention (in this case, your website) must be useful, new, and non-obvious. Specifically, an invention is useful if it actually does something, and has an actual function. The website is new if it has never been used before for a period of more than a year. The website is non-obvious if it’s not an obvious combination of other known websites.

Step 1. Prepare. Draft diagrams and illustrations for your website. This includes drafting illustrations for the user interface, back office screens, and the like. You can even include such illustrations in your patent application. Providing drawings and illustrations in your application will help provide detailed information to the patent examiner. This can include flow charts, diagrams, and other drawings of the website.

Step 2. Draft more than one claim for your website. Remember that your website is a software type invention, and patent laws and rules change quite often for software-related inventions. Take a look at some recent software claims. You may even want to hire a patent attorney who is familiar with software inventions.

Step 3. Draft a written description of your website. For example, take your illustrations and write a description for each one. The illustrations themselves will not be adequate, as you will need to thoroughly explain each drawing so that the examiner understands what it is being used for.

Step 4. Focus on the key features of your website. This information will be detailed in certain sections of the patent application, including the Brief Description of the Drawings, the Detailed Description, and the Claims and Abstract section.

Step 5. Convert your drawings and written word into PDF format. The online application, which can be found on the United States Patent and Trademark Office (USPTO) website, only accepts documents in PDF format.

Step 6. File the application. You’ll have to pay the required fees, which will vary based on the type of invention and complexity of your website.

Step 7. Keep an eye out for USPTO correspondence. Once you receive mailings from them, you’ll want to respond in a timely manner, as you only have a short time frame in which to respond.

When to Consider a Provisional Patent Application

If your website idea is still in development or testing phases, consider filing a provisional patent application (PPA). This type of application allows you to:

  • Secure a filing date (your “priority date”) with the USPTO.
  • Use “Patent Pending” status while refining your invention.
  • Avoid the complexity and cost of a full non-provisional application for up to 12 months.

A PPA is particularly helpful for startups wanting to pitch or launch early without risking idea theft. However, a provisional application does not get examined or result in a granted patent unless followed up with a full application within a year.

Frequently Asked Questions

1. Can I patent my entire website? No, but you may be able to patent specific functionalities, features, or design elements of the website if they are novel and non-obvious.

2. What’s the difference between a utility and a design patent for a website? Utility patents protect how your website works (e.g., functions or processes), while design patents protect how it looks (e.g., layout or visual design).

3. How long does it take to patent a website idea? A utility or design patent typically takes 1–3 years to process, depending on the complexity and USPTO workload. A provisional application can be filed quickly to secure early rights.

4. Is a patent the best way to protect my website idea? A patent is helpful but should be part of a broader strategy that includes copyrights, trademarks, and trade secrets, depending on the elements you wish to protect.

5. Do I need a lawyer to patent a website idea? You’re not legally required to hire a lawyer, but the patent process is technical and complex. An experienced patent attorney can help ensure your application meets legal standards and has the highest chance of approval. You can find one through UpCounsel’s vetted legal marketplace.

If you need help with filing your website patent, or searching for prior website patents, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.