How to Protect a Software Invention in Serbia: Is Your Code Patentable?
You’ve built Software Invention- an app, an algorithm, or a platform — and now you’re wondering: can I patent this? This is one of the most common questions we hear from Serbian tech startup founders, and the answer is not straightforward. Understanding the difference between patent protection and copyright for software can save you time, money, and frustration.
The Short Answer: Software Invention “As Such” Is Not Patentable in Serbia
The Serbian Patent Law explicitly states that computer programs are not considered inventions within the meaning of the law. The same exclusions apply across the European Union and before the European Patent Office (EPO). If you file an application seeking a patent on pure software code, an app, or an algorithm — your application will be rejected.
But the story doesn’t end there.
When Can Software Invention Still Be Protected by a Patent?
Both Serbian law and EPO practice include an important caveat: exclusions apply “only to the extent that the application relates to that subject matter or activity as such.” This is the key phrase.
Before the EPO, software can form part of a patentable invention if it produces a so-called “further technical effect” — an additional technical effect that goes beyond the normal physical interactions between a program and a computer. Examples that pass EPO examination:
- Software controlling an ABS braking system in a car (regulation of a technical process),
- An algorithm that improves the internal functioning of a processor or memory,
- A compression method that reduces resource usage in a specific technical way,
- An AI/ML model solving a concrete technical problem in a technical field (e.g., medical image processing).
EPO Practical Rule: If your software solves a technical problem in a technical way — it has a chance. If it merely automates a business process on a computer — it does not.
What About Protection in the United States?
The US system has historically been more permissive toward software patents, but the Supreme Court’s ruling in Alice Corp. v. CLS Bank (2014) introduced a two-step test that dramatically narrowed the possibilities. Today, even in the US, there must be a concrete technical improvement that goes beyond an “abstract idea.” The trends are converging toward the European approach.
How Can You Actually Protect Software in Serbia?
The good news is that copyright automatically protects your Software Invention from the moment you write the first line of code. Under the Law on Copyright and Related Rights, computer programs are protected as written works — with no registration procedure required.
| Criterion | Copyright | Patent |
| When does the right arise? | Upon writing the code | Upon ZIS decision (after procedure) |
| Does it need to be registered? | No (but deposit is recommended) | Yes – mandatory procedure before ZIS |
| What is protected? | The form – source and object code | The technical solution (invention) |
| Duration of protection | Lifetime + 70 years | 20 years |
Depositing your work with the ZIS (Intellectual Property Office of Serbia) is not mandatory, but it provides strong evidence of ownership in the event of a dispute.
Three Real-World Scenarios
Scenario 1 – A Pure Mobile Application
A startup developed a fintech app for personal finance management. Result: The code is automatically protected by copyright. A patent is not possible because there is no technical effect beyond business logic running on a computer.
Scenario 2 – IoT Software for Industrial Automation
A startup developed software that controls a robotic production line in real time. Result: There are grounds for a patent because the software regulates a physical technical process. Filing both in Serbia and as a European Patent Application (EPA) or PCT application is recommended.
Scenario 3 – An AI Algorithm for Medical Diagnostics
A startup developed an ML model for analyzing X-ray images. Result: According to EPO Guidelines for AI and Machine Learning (2026), the algorithm can form part of a patentable invention if it contributes technical character in a technical field — and medicine qualifies.
Recommendation for Startups: A Combined Protection Strategy
Instead of looking for a single perfect answer, apply a combined strategy:
- Copyright – automatic, immediate, zero cost,
- Code deposit with ZIS – low cost, strong proof of ownership,
- Trademark – protect the name and logo of your software/platform,
- Patent (if a technical effect exists) – consult a patent attorney before filing,
- NDA agreements – protect trade secrets during development.
Have a question about protecting your software or digital invention?
Follow for more legal insights:
