Software & Embedded Systems

Protecting Code, Control Logic, and the Devices They Drive

From enterprise software and industrial controls to mobile apps and embedded firmware, software remains a critical engine of innovation across industries. At Schmeiser Olsen, we help clients protect the software systems and embedded technologies that shape how today’s digital tools run, scale, and interact with physical environments.

We partner with engineering teams and product leaders to secure patents that capture both the abstract logic and the concrete technical implementations—spanning device-level control systems, runtime environments, communication protocols, and performance optimizations.

Whether you’re building application-layer systems, real-time control logic, or platform-specific runtimes, we help protect the software innovations that move your product forward.

Patent Strategy for Software and Embedded Innovation

Software-related patents must be carefully drafted to show how the claimed invention improves computing performance, security, or functionality—not just what the code accomplishes. We help clients identify the right balance between technical depth and strategic coverage, ensuring enforceability without sacrificing commercial flexibility. We focus on system behavior, runtime architecture, and interaction with hardware or other software systems—so that your innovation is protected as more than just functional output. We help clients secure patents across:

Embedded Systems & Device-Level Logic

– Real-time control firmware for industrial automation, medical devices, and robotics

– Interrupt handling, event-driven scheduling, and memory-safe task management

– Low-level bootloaders, drivers, and microcontroller interface software

– Sensor fusion and signal processing for hardware-integrated applications

Runtime Optimization & Execution Efficiency

– Just-in-time (JIT) compilation strategies and runtime environment enhancements

– Memory management improvements (e.g., garbage collection, buffer pooling)

– Latency reduction through parallelized task scheduling or pipelined execution

– Code instrumentation for dynamic optimization or real-time debugging

Software Architecture & System Behavior

– Modular service architecture with secure API handling and state isolation

– Versioning-aware deployment systems and feature flag orchestration

– Load-aware job scheduling in distributed software environments

– Dependency resolution and configuration templating at scale

Security, Access Control & Fault Isolation

– User authentication and credential management protocols

– Runtime sandboxing, privilege containment, and attack surface minimization

– Software watchdog systems and exception handling routines

– Secure boot and firmware validation for tamper-resistant devices

Communications & Protocols

– Application-layer protocols for proprietary device communication

– Custom message encoding, error correction, and transport reliability mechanisms

– Time synchronization or control messaging in multi-node embedded systems

– Protocol stacks for edge-to-cloud communication with fallback and retransmit logic

practical insight

Navigating Patent Eligibility in Software Systems

Software is one of the most scrutinized categories under 35 U.S.C. §101. At Schmeiser Olsen, we help clients overcome eligibility hurdles by tying each claim to technical implementation details, architectural contributions, and system-level effects.

We avoid purely functional claims and instead highlight how the invention improves the way a computer—or device—operates.

For embedded systems, this often involves improvements in memory usage, boot time, interrupt latency, or sensor response. For application software, it may involve optimization of processing pipelines, enhanced modularity, or runtime behavior under constrained conditions.

We incorporate implementation details, flow diagrams, and system-level interaction into the specification. Our eligibility strategy often references favorable precedents depending on the nature of the software invention.

Partner with Counsel Who Understand Software Systems

At Schmeiser Olsen, we work with embedded engineers, software architects, and platform developers to secure patents that protect innovation from the code level to system deployment. Our team combines legal experience with real-world software understanding to help clients build IP portfolios that are enforceable, defensible, and aligned with business and product goals.

Protect what makes your system run—with patent counsel fluent in code, performance, and embedded design.

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