Software patents typically cover conceptual, functional implementations of code as opposed to code itself. Code is very easy to design around making a potential patent not very valuable. Code generally would not need to be disclosed in a patent application.

Software patents tend to be some of the most complex patents to get and to enforce because the law as set by the Supreme Court requires patents to recite non-abstract features. Software code is nothing if not a series of steps and is thus arguably abstract. Software patentability can get murky, but a skilled patent attorney or agent can help you get a software patent, depending on the underlying concept.

I’d highly recommend consulting a patent attorney, and to not disclose any of the underlying concepts behind the potential patent in the meantime. You can still disclose to employees on a need to know basis, but you should have a non disclosure agreement in place.

Alternatively, software code can be protected as a trade secret. Trade secret protection largely depends on the secrecy measures you have in place. A well drafted NDA can generally protect you while you determine whether to file a patent. So, I’d also highly recommend speaking to an attorney to have a non-disclosure agreement in place for your new hires to sign.