Software patents in France and Europe: is it possible?

Can you patent software in France or Europe in 2026 ? The short answer: no, not as such. The useful answer: yes, if the software contributes to an invention producing a technical effect beyond simple information processing. Here are the key criteria, practical examples and an operational method for assessing and building a strong application.

1) The legal principle in France and Europe

French law, aligned with the European Patent Convention, excludes “computer programs as such” from patentability (art. L.611-10 CPI). The French reference provision is article L.611-10 of the Code de la propriété intellectuelle, which reflects the spirit of article 52 CBE. The European Patent Office (EPO) applies a consistent line of case law known as the Comvik approach, distinguishing technical features (taken into account) from non-technical features (disregarded when assessing inventive step). For these principles, see also practitioner summaries: Lavoix — Intellectual Property News and Alatis — What protection is available for software in France?.

What is a “technical effect”?

A software invention is patentable if, considered as a whole, it solves a technical problem through technical means. Typical examples of technical effects recognised in EPO practice:

• Controlling a device or industrial process (sensors, robotics, telecommunications, embedded image processing).
• A demonstrable improvement in the internal operation of a computer or network (memory/CPU management, reduced latency, security or distributed scheduling protocol).
• Signal processing that produces a measurable result in a technical system (filtering, compression with gains in technical metrics).

Conversely, non-technical features (business models, game rules, organisational methods, mere presentation of information) do not support inventive step. INPI documentation outlines the general boundaries of patentability and the procedure: INPI. For a concise overview of software protection (patent/copyright/database), see Alatis.

Examples that are not patentable as presented

• A dynamic pricing or recommendation algorithm without a technical improvement to the underlying system.
• A more “ergonomic” user interface without a technical contribution (mere presentation of information).
• A “computerised” commercial or financial method.
• An AI model claimed for “better accuracy” without a measurable technical effect on computing resources or architecture.

2) Software remains protected by copyright

Regardless of patents, source code is protected by copyright (directive 2009/24/CE on computer programs), without formalities. For the legal foundations, see EUR-Lex and Legifrance. In practice, combine protections: copyright for code, trade secrecy for know-how, and a patent if a technical effect can be demonstrated. We explain the steps to take in our guide to protecting a startup’s source code.

3) A 7-step method to assess and build a software patent application

Step 1 — “Technical effect” assessment

• What technical problem are you solving (network latency, CPU consumption, protocol security, sensor accuracy, etc.)?
• Which technical features (architectures, protocols, data structures with a hardware impact, sensor/actuator control) provide the solution?
• What measurable results (benchmarks, system metrics) prove the improvement?

Step 2 — Prior-art searches

• Review the literature/patents (EPO/INPI databases). Start with resources from INPI.
• Map similar solutions and isolate your objective technical contribution.

Step 3 — “Problem-solution” formulation (Comvik approach)

• Define the objective technical problem from the closest prior art.
• For inventive step, consider only the technical features. Business/UI aspects do not count.

Step 4 — Drafting the application

• Claim a method and/or a device incorporating specific technical elements (hardware interfaces, system modules, resource-oriented signal/data processing steps).
• Describe detailed embodiments: architecture, flow diagrams, data structures and system constraints.
• Provide technical evidence (measurements and test rigs) showing the improvement.
• Avoid purely “software” or “business” claims. Anchor them in a technical context.

Step 5 — Choosing the filing route

• France (INPI) for initial protection and a priority date (12 months to extend). Practical information: Service Public Pro and INPI.
• Europe (EPO) for multi-country protection with centralised examination. EPO practice follows the Comvik approach, extensively discussed by Lavoix.
• Also assess an international strategy (PCT) according to your markets.

Step 6 — A combined IP strategy

• Combine patent protection (technical effect), copyright (code) and trade secrecy (dataset, settings and heuristics).
• Secure the chain of title (employees, freelancers and founders). See our article on founders assigning intellectual property to the company.
• Coordinate with the commercial contract (licences and liability). For SaaS, work on the essential clauses in your terms of sale.

Step 7 — Timetable, costs and risks

• Publication at 18 months after filing, with examination over several years (depending on the office). Practical references: INPI and Service Public Pro.
• Significant costs (filing, search, examination and representatives). Plan a multi-year budget.
• High risk of refusal if the application is limited to software without a proven technical effect.

4) Practical use cases: AI, edge and SaaS

AI/ML

• Potentially patentable: a new inference architecture reducing GPU consumption/latency at equivalent performance, or an embedded pipeline improving sensor robustness.
• Unlikely: a “customer scoring algorithm” or “marketing recommendation” without a technical improvement to the system.

On the interactions between IP and AI (copyright, data and models), see our review of the law on intellectual property and AI-generated content.

SaaS and distributed systems

• Potentially patentable: a fault-tolerant replication mechanism reducing inter-node traffic, or a scheduling protocol reducing jitter on a mobile network.
• Unlikely: a pricing engine, dashboard or reporting UX without a technical contribution.

5) Common mistakes to avoid

• Disclosing the solution (pitch, publication, GitHub) before filing, which destroys novelty.
• Drafting “business” claims without a technical foundation or metrics.
• Overlooking the chain of title (employees/freelancers) and assignment to the company.
• Ignoring alternatives (copyright, trademark and trade secrecy) if the technical effect is insufficient. On trademark strategy, see how to protect your trademark through INPI.

6) Quick pre-filing checklist

• Clearly formulated technical problem and a solution described through technical means.
• Evidence of a measurable technical effect (benchmarks, tests).
• Prior-art search completed (INPI/EPO) and differences identified.
• Technically oriented drafting (avoid business “as such”).
• Combined IP strategy aligned with go-to-market and contracts.