Do I need working code before filing a software patent?
Reviewed by
Dominic Davies, patent attorney (20+ years)
· Last reviewed
September 11, 2026
No. Patent law does not require a prototype or working code; the specification has to describe the invention in enough technical detail that a skilled person could implement it. For SaaS that means explaining how the architecture, pipeline, or method works, not shipping it first. Filing before public launch also protects the priority date.
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