Software, AI & Embedded Systems
Our attorneys have, over the years, represented numerous clients who have innovated new or improved embedded software, software products, mobile apps, and other types of software applications. Our attorneys' present or former clients have included universities, software companies, manufacturing companies, consumer device companies, financial service companies, and others who develop or use software products or services.
This experience also includes working with various types of software including embedded software, IoT, machine learning, and blockchain technologies.
John Goodhue's experiences include developing and commercializing multiple software products in the legaltech space. He has worked for a software company, as a principal in a software development and computer consulting company, and as a principal in a start-up which developed a data storage device.
WHY SOFTWARE DEVELOPMENT EXPERIENCE MATTERS
John Goodhue brings a unique combination of legal expertise and hands-on software development experience that informs our approach to software patents.
Former Software Company Principal (1993-1996): Co-founded a software development and computer consulting company. Developed the Iowa Jury Instruction Wizard, which was sold to Iowa Court Information Systems and deployed to state court judges statewide.
Data Storage Device Startup (1996-1997): One of three principals developing a novel data storage solution using PIC microcontroller technology—direct experience with embedded systems and hardware-software integration.
Computer Engineering Background: Rose-Hulman Institute of Technology degree in computer engineering, with graduate studies at Iowa State University.
This hands-on experience means we understand your code, your architecture, and the technical challenges you face as a developer or CTO—not just the patent law.
THOUGHT LEADERSHIP IN AI & PATENT LAW
John Goodhue is a recognized researcher at the intersection of artificial intelligence and intellectual property law. Recent peer-reviewed publications include:
"The Hidden Legal Minefield: How AI-Assisted 'Vibe Coding' Amplifies Software Development Risks and How Technology can Provide Solutions" (August 2025)
"End-to-End AI Patent Examination: From Disclosure to Grant in Minutes"
"Bot Boundaries: Exploring DMCA Protections for AI Assistant Instructions"
"Addressing 'Special Issues' in Classifying Trademark Distinctiveness Using GPT-3"
These publications demonstrate deep technical understanding of modern AI systems—from large language models to machine learning algorithms—combined with strategic thinking about protecting these innovations.
John has also authored several books including Law Prompts: Large Language Models for Lawyers, which assists lawyers in understanding how artificial intelligence and especially large language models may be used.
AI TOOLS WE'VE BUILT
We don't just file AI patents—we build AI tools. Our firm has developed:
PatentSummarizer - AI-powered tool for analyzing patent documents
PatentFactChecker - Verification tool for patent claims
Protectivity - AI assistant for selecting product names and evaluating trademark availability
This practical experience with AI development informs our patent strategy and helps us understand the technical nuances of your innovations.
SOFTWARE TECHNOLOGIES WE PROTECT
Our patent practice covers the full spectrum of software innovation:
Artificial Intelligence & Machine Learning
Large Language Models (LLMs) and Generative AI, Neural Network Architectures (CNNs, RNNs, Transformers), Natural Language Processing (NLP), Computer Vision and Image Recognition, Machine Learning Training Algorithms, Reinforcement Learning, AI-Powered Recommendation Systems, Edge AI and On-Device ML, Explainable AI Methods
Embedded Systems & IoT
Real-Time Operating Systems (RTOS), Microcontroller Programming and Firmware, Sensor Integration and Data Processing, Industrial Control Systems, Automotive Software and Vehicle Systems, Medical Device Software, Smart Home and IoT Devices, Edge Computing, Hardware-Software Integration
Enterprise & Cloud Software
SaaS Applications, Cloud-Native Architectures, Microservices and API Design, Database Management Systems, Distributed Computing, DevOps and CI/CD Innovations, Cybersecurity and Information Security, Blockchain and Distributed Ledger Technology, FinTech and Payment Processing, Healthcare Information Technology
Mobile & Web Applications
iOS and Android Applications, Progressive Web Apps, Mobile App Frameworks, User Interface Innovations, Cross-Platform Development, Mobile Security Features, Location-Based Services, Augmented Reality (AR) and Virtual Reality (VR)
Data Processing & Analytics
Big Data Processing Systems, Real-Time Analytics Platforms, Data Compression Algorithms, Stream Processing, ETL Processes, Data Visualization Methods, Predictive Analytics
UNDERSTANDING SOFTWARE PATENTABILITY
The 2014 Supreme Court decision in Alice Corp v. CLS Bank created significant challenges for software patents. The Court held that simply implementing an abstract idea "on a computer" is not enough for patent eligibility under 35 USC § 101.
However, software that provides a technical solution to a technical problem—rather than just automating a business process—remains patentable. Successfully navigating Section 101 eligibility requires deep understanding of current case law, strategic claim drafting that emphasizes technical improvements, and experience responding to abstract idea rejections.
With hundreds of software patent applications filed and extensive experience overcoming Section 101 rejections, we know how to position your innovation for success.
Your software innovation may be patentable if it:
- Improves computer functionality or performance
- Solves a technical problem in a novel way
- Processes data using new and useful methods
- Provides a technical solution beyond mere automation
- Achieves unexpected technical results
OUR SOFTWARE PATENT SERVICES
Patent Preparation & Filing
Patent Search & Analysis
Patent Prosecution
IP Strategy & Counseling
REPRESENTATIVE EXPERIENCE
Our patent experience includes work before the USPTO, Patent Trial and Appeal Board (PTAB), and federal courts:
Recent Patent Trial and Appeal Board Decisions:
Ex Parte Church, Appeal No. 2023-003050 (December 27, 2024)
Ex Parte Marovets, Appeal No. 2018-008719 (November 1, 2019)
Reported Court Decisions:
Flex-Rest, LLC v. Steelcase, Inc., 455 F.3d 1351 (Fed. Cir. 2006)
Kemin Foods, L.C., v. Pigmentos Vegetales del Centro, 240 F.Supp.2d 963 (S.D. Iowa 2003)
INDUSTRIES WE SERVE
Our software patent practice serves clients across multiple industries including technology startups (pre-seed through growth stage), SaaS and cloud service providers, enterprise software companies, FinTech and payment processing, HealthTech and medical software, manufacturing and industrial automation, consumer electronics and IoT, automotive and transportation technology, agricultural technology, educational technology, cybersecurity and information security, telecommunications, and e-commerce platforms.
SPEAKING & TEACHING
John Goodhue regularly presents to technical audiences:
"Intellectual Property for the Software Entrepreneur" - South Dakota School of Mines and Technology (multiple presentations 2016-2017)
"Tools for Entrepreneurs: Intellectual Property" - North Dakota State University (2019)
"Patent Due Diligence" and "Completing an Invention Disclosure" - Protectivity educational series
This teaching experience demonstrates our ability to communicate complex patent concepts to engineers, developers, and technical founders in clear, practical terms.
COMMON QUESTIONS
Can AI-generated code be patented?
The invention must have a human inventor under current law. However, software that uses AI algorithms or was developed with AI assistance can absolutely be patented. The key is the innovative method, system, or process—not who or what wrote the code.
How much does a software patent cost?
Costs vary based on complexity. We provide transparent fee quotes after understanding your invention during an initial consultation.
What's the difference between a patent and copyright for software?
Copyright protects the specific source code but not the underlying functionality. Patents protect the invention itself—how the software works and what it accomplishes. For valuable innovations, patents provide much stronger protection.
Can we patent our algorithm?
Pure mathematical algorithms aren't patentable as abstract ideas. However, methods that apply algorithms to solve concrete technical problems can be patented. We excel at framing algorithmic innovations in patentable terms.
How does the Alice Corp decision affect software patents?
Alice Corp v. CLS Bank made it harder to patent software by requiring more than just "implementing an abstract idea on a computer." However, software providing technical improvements remains patentable. Our experience includes successfully navigating Section 101 rejections.
GET STARTED
Whether you're a founder with a breakthrough AI algorithm, a CTO building embedded systems, or an established company developing innovative software, we're here to help protect your intellectual property.
Request an Initial Consultation
Phone: (515) 218-7888 (Iowa)
This experience also includes working with various types of software including embedded software, IoT, machine learning, and blockchain technologies.
John Goodhue's experiences include developing and commercializing multiple software products in the legaltech space. He has worked for a software company, as a principal in a software development and computer consulting company, and as a principal in a start-up which developed a data storage device.
WHY SOFTWARE DEVELOPMENT EXPERIENCE MATTERS
John Goodhue brings a unique combination of legal expertise and hands-on software development experience that informs our approach to software patents.
Former Software Company Principal (1993-1996): Co-founded a software development and computer consulting company. Developed the Iowa Jury Instruction Wizard, which was sold to Iowa Court Information Systems and deployed to state court judges statewide.
Data Storage Device Startup (1996-1997): One of three principals developing a novel data storage solution using PIC microcontroller technology—direct experience with embedded systems and hardware-software integration.
Computer Engineering Background: Rose-Hulman Institute of Technology degree in computer engineering, with graduate studies at Iowa State University.
This hands-on experience means we understand your code, your architecture, and the technical challenges you face as a developer or CTO—not just the patent law.
THOUGHT LEADERSHIP IN AI & PATENT LAW
John Goodhue is a recognized researcher at the intersection of artificial intelligence and intellectual property law. Recent peer-reviewed publications include:
"The Hidden Legal Minefield: How AI-Assisted 'Vibe Coding' Amplifies Software Development Risks and How Technology can Provide Solutions" (August 2025)
"End-to-End AI Patent Examination: From Disclosure to Grant in Minutes"
"Bot Boundaries: Exploring DMCA Protections for AI Assistant Instructions"
"Addressing 'Special Issues' in Classifying Trademark Distinctiveness Using GPT-3"
These publications demonstrate deep technical understanding of modern AI systems—from large language models to machine learning algorithms—combined with strategic thinking about protecting these innovations.
John has also authored several books including Law Prompts: Large Language Models for Lawyers, which assists lawyers in understanding how artificial intelligence and especially large language models may be used.
AI TOOLS WE'VE BUILT
We don't just file AI patents—we build AI tools. Our firm has developed:
PatentSummarizer - AI-powered tool for analyzing patent documents
PatentFactChecker - Verification tool for patent claims
Protectivity - AI assistant for selecting product names and evaluating trademark availability
This practical experience with AI development informs our patent strategy and helps us understand the technical nuances of your innovations.
SOFTWARE TECHNOLOGIES WE PROTECT
Our patent practice covers the full spectrum of software innovation:
Artificial Intelligence & Machine Learning
Large Language Models (LLMs) and Generative AI, Neural Network Architectures (CNNs, RNNs, Transformers), Natural Language Processing (NLP), Computer Vision and Image Recognition, Machine Learning Training Algorithms, Reinforcement Learning, AI-Powered Recommendation Systems, Edge AI and On-Device ML, Explainable AI Methods
Embedded Systems & IoT
Real-Time Operating Systems (RTOS), Microcontroller Programming and Firmware, Sensor Integration and Data Processing, Industrial Control Systems, Automotive Software and Vehicle Systems, Medical Device Software, Smart Home and IoT Devices, Edge Computing, Hardware-Software Integration
Enterprise & Cloud Software
SaaS Applications, Cloud-Native Architectures, Microservices and API Design, Database Management Systems, Distributed Computing, DevOps and CI/CD Innovations, Cybersecurity and Information Security, Blockchain and Distributed Ledger Technology, FinTech and Payment Processing, Healthcare Information Technology
Mobile & Web Applications
iOS and Android Applications, Progressive Web Apps, Mobile App Frameworks, User Interface Innovations, Cross-Platform Development, Mobile Security Features, Location-Based Services, Augmented Reality (AR) and Virtual Reality (VR)
Data Processing & Analytics
Big Data Processing Systems, Real-Time Analytics Platforms, Data Compression Algorithms, Stream Processing, ETL Processes, Data Visualization Methods, Predictive Analytics
UNDERSTANDING SOFTWARE PATENTABILITY
The 2014 Supreme Court decision in Alice Corp v. CLS Bank created significant challenges for software patents. The Court held that simply implementing an abstract idea "on a computer" is not enough for patent eligibility under 35 USC § 101.
However, software that provides a technical solution to a technical problem—rather than just automating a business process—remains patentable. Successfully navigating Section 101 eligibility requires deep understanding of current case law, strategic claim drafting that emphasizes technical improvements, and experience responding to abstract idea rejections.
With hundreds of software patent applications filed and extensive experience overcoming Section 101 rejections, we know how to position your innovation for success.
Your software innovation may be patentable if it:
- Improves computer functionality or performance
- Solves a technical problem in a novel way
- Processes data using new and useful methods
- Provides a technical solution beyond mere automation
- Achieves unexpected technical results
OUR SOFTWARE PATENT SERVICES
Patent Preparation & Filing
- U.S. Provisional Patent Applications - Establish early filing date and "patent pending" status
- U.S. Utility Patent Applications - Full patent protection for software innovations
- PCT International Applications - Streamlined international patent filing
- Continuation Applications - Expand protection for evolving technology
Patent Search & Analysis
- Patentability Searches - Assess novelty before filing
- Freedom-to-Operate Analysis - Identify potential infringement risks
- Patent Landscape Analysis - Understand competitive patent environment
- Prior Art Searches - Comprehensive review of existing technology
Patent Prosecution
- Office Action Responses - Expert argumentation to overcome USPTO rejections
- Section 101 Eligibility Arguments - Strategic responses to abstract idea rejections
- Examiner Interviews - Direct communication to advance prosecution
- Appeal Briefs - PTAB appeals when necessary
IP Strategy & Counseling
- Patent Portfolio Development - Build strategic patent protection
- Infringement and Validity Opinions - Risk assessment and legal analysis
- Licensing Strategy - Monetize your patent portfolio
- Due Diligence Support - IP analysis for investments and acquisitions
REPRESENTATIVE EXPERIENCE
Our patent experience includes work before the USPTO, Patent Trial and Appeal Board (PTAB), and federal courts:
Recent Patent Trial and Appeal Board Decisions:
Ex Parte Church, Appeal No. 2023-003050 (December 27, 2024)
Ex Parte Marovets, Appeal No. 2018-008719 (November 1, 2019)
Reported Court Decisions:
Flex-Rest, LLC v. Steelcase, Inc., 455 F.3d 1351 (Fed. Cir. 2006)
Kemin Foods, L.C., v. Pigmentos Vegetales del Centro, 240 F.Supp.2d 963 (S.D. Iowa 2003)
INDUSTRIES WE SERVE
Our software patent practice serves clients across multiple industries including technology startups (pre-seed through growth stage), SaaS and cloud service providers, enterprise software companies, FinTech and payment processing, HealthTech and medical software, manufacturing and industrial automation, consumer electronics and IoT, automotive and transportation technology, agricultural technology, educational technology, cybersecurity and information security, telecommunications, and e-commerce platforms.
SPEAKING & TEACHING
John Goodhue regularly presents to technical audiences:
"Intellectual Property for the Software Entrepreneur" - South Dakota School of Mines and Technology (multiple presentations 2016-2017)
"Tools for Entrepreneurs: Intellectual Property" - North Dakota State University (2019)
"Patent Due Diligence" and "Completing an Invention Disclosure" - Protectivity educational series
This teaching experience demonstrates our ability to communicate complex patent concepts to engineers, developers, and technical founders in clear, practical terms.
COMMON QUESTIONS
Can AI-generated code be patented?
The invention must have a human inventor under current law. However, software that uses AI algorithms or was developed with AI assistance can absolutely be patented. The key is the innovative method, system, or process—not who or what wrote the code.
How much does a software patent cost?
Costs vary based on complexity. We provide transparent fee quotes after understanding your invention during an initial consultation.
What's the difference between a patent and copyright for software?
Copyright protects the specific source code but not the underlying functionality. Patents protect the invention itself—how the software works and what it accomplishes. For valuable innovations, patents provide much stronger protection.
Can we patent our algorithm?
Pure mathematical algorithms aren't patentable as abstract ideas. However, methods that apply algorithms to solve concrete technical problems can be patented. We excel at framing algorithmic innovations in patentable terms.
How does the Alice Corp decision affect software patents?
Alice Corp v. CLS Bank made it harder to patent software by requiring more than just "implementing an abstract idea on a computer." However, software providing technical improvements remains patentable. Our experience includes successfully navigating Section 101 rejections.
GET STARTED
Whether you're a founder with a breakthrough AI algorithm, a CTO building embedded systems, or an established company developing innovative software, we're here to help protect your intellectual property.
Request an Initial Consultation
Phone: (515) 218-7888 (Iowa)