Sage-Tips

Do you think software should be patented why when a software is patentable?

Unless you only want to protect exactly how the source code is written, it may not be a good idea to rely solely on copyright law to protect software related inventions. To protect the functionality of the software programs you should seek patent protection.

What is intellectual property for software?

Software intellectual property, also known as software IP, is a computer code or program that is protected by law against copying, theft, or other use that is not permitted by the owner. Software IP belongs to the company that either created or purchased the rights to that code or software.

Do you think software should be patented?

The only time you should consider seeking a patent is when you develop an innovative software or improvement to existing technology. The focus should be on what novel processes your software performs, and whether your software moves technology forward.

Why is software regarded as an intellectual property and how is copyright law used as a scheme for protecting intellectual property rights?

Software is an invention or an idea. Copyright law only protects how that idea is written down. Because a software program does something specific, protecting against copying might not be enough. Someone could use different code but still steal your invention.

When should you patent a software?

From a technical standpoint, your software may be patentable (1) if it improves computer functionality in some way (i.e. it enables certain computations that were previously unavailable, speeds up processes, or requires fewer resources), or (2) if it solves a computing challenge in an unconventional way.

Why is intellectual property important to software?

Intellectual property rights are at the root of the software industry. Innovations made in the software products can quintessentially be protected by patents, copyrights and trademarks. Patents and copyrights provide protection to the software itself.

Which of the following is an intellectual property protection for computer software?

There are essentially four types of intellectual property rights relevant to software: patents, copyrights, trade secrets and trademarks. Each affords a different type of legal protection. Patents, copyrights and trade secrets can be used to protect the technology itself.

Can a software program be patented?

Under the current state of U.S. patent law, patents cannot specifically lay claim to software. For example a patent claim that recites “a software that performs functions X, Y, Z, etc.” would not be allowed. However, a patent may lay claim to a computer system and processes performed by it.

Can computer software be patented?

Can computer software be patented? No. Section 22.2 of the Intellectual Property Code provides that computer programs are not patentable.