Unique software programs may be eligible for patent protection.
Software programs exist in an interesting gray area in the world of patent law. Many of the software programs developed for commercial use follow previously conceived computational processes and cannot be considered unique products. However, a software program that accomplishes something novel, such as a cell phone application that lets an owner change television stations, is a perfect candidate for a patent. Software developers who cannot earn patent protections for their programs can still find some help through copyright law.
Patent
In the United States, patents are issued by the U.S. Patent and Trademark Office. A patent is a legal document declaring a person's sole economic interest in an invention that he created; the patent gives the inventor the right to sell the product, as well as prevent other companies from copying the invention. Software patents are usually awarded as a utility patent, which is granted to the inventor of a concrete object or useful process; the other two types of U.S. patents are design patents, awarded for improvements in the manufacturing design of a product, and plant patents, awarded for a new plant species developed by an inventor.
Copyright
Copyright law generally affords a software creator less protections to prevent other people from copying and selling his software program. However, if the Patent Office decides that the new software program doesn't deserve a patent, copyright law does offer some help. A software creator with a registered copyright can take another software developer to court for developing an identical product, but he cannot prevent the other developer from creating and releasing the software.
Copyright protections can be earned as soon as the software is in fixed, tangible form, like a CD. In America, the developer should register for a copyright with the U.S. Copyright Office.
International Law
In the United States, software developers can apply for a patent on a software program that they developed. A developer needs to prove that the software's processes or end-result constitutes a service that did not previously exist, fulfilling the technical condition of the patent. In the European Union, however, software protections through patents have been disallowed since 2003. Different countries may rule differently on the patent status for the same software invention. In 1997, Amazon.com won a U.S. patent for its "One Click" data storage for frequent customers. The program was awarded patents in many other countries but was considered unworthy of a patent by both Japan and Europe.
What Gets Patented?
In countries that allow software developers to apply for patents on their programs, developers are generally required to prove a unique technical character to their program that no other current software can replicate. Contact an attorney with experience in patent protection law and consult with him about your software program's chances of earning a patent.
