Software protection Copyright or Patent ?

Software protections Copyright law Covers the source code Registration is only necessary to enforce infringement by others Registration is quick and inexpensive Patents Covers the process embodied in the software. Process must either: – Be tied to a particular machine or apparatus – Transform a particular article into a different state or thing Patent issuance is lengthy and expensive

Software protection limitations of patents Pure mathematical algorithms cannot be patented Software source code cannot be patented Claims (in the patent) must recite a process or step that uses the algorithm or the software Enforceability: often cannot detect when a 3 rd party is using patented software. Useful commercial life of the software may expire before patent is issued.

Databases An organization methodology – the structure of the database Uniqueness and layout are potentially protected by copyright. The data – facts; cannot be protected by copyright. Additional protection possible through contract law – i.e. licensing.

Open Source Commonly refers to software licensed under specific terms to encourage its open use. Terms may include: unrestricted redistribution, access to source code, rights to derivative works. May flow through to software that includes components of open source software, limiting commercial value.

Third-Party components Utilities, libraries, functions and more that can be found on the Internet, or purchased, to accomplish a specific task within the software program. In many cases third party components are NOT free to use or distribute. Must comply with licenses of all components; licenses may limit commercial use of the components.

Reference: AUTM Technology Transfer Practice Manual, 3 rd Edition For a formal review and feedback on your software invention, please complete and submit a Technology Disclosure and a Cooperation Agreement to your University Authorized Official.