Computer Software and Architecture Patents, Copyright, or Trade Secret
Innovative Computing Takes Quantum Leaps
Global business software and services had an estimated market value in excess of USD 400 billion for 2021 with an expected annual growth rate of 11.7% per year through 2030. With the size of the market and the investment required to sustain such growth, there is little wonder that businesses want to protect their investment.
Protecting software inventions requires an experienced patent attorney. Securing intellectual property (IP) rights through patents, copyrights, or trade secrets is paramount for safeguarding innovations and maintaining a competitive edge. This is especially true in the realm of computer software and architecture, where the pace of innovation is relentless and the stakes are high. Let one of Boyle Fredrickson’s software patent attorneys help you decide the best option for protecting your IP rights.
Understanding Software Patents
Software patents protect the functional aspects of a computer program, ensuring that the unique processes and methods underlying the software are shielded from unauthorized use or replication. The requirements for patenting software are constantly evolving as a result of recent Supreme Court decisions and of guidance issued by the US Patent Office. Experienced software patent attorneys at Boyle Fredrickson stay on top of this changing landscape and are ready to provide the advice you need to protect your software inventions.
Key Considerations for Software Patents
When applying for a software patent, it is important to clearly explain what makes software eligible for patent protection. A patent Examiner will first evaluate the claimed subject matter to determine whether the claims are directed to an abstract idea, a law of nature, or a natural phenomenon. If the Examiner determines the claims are not directed to one of these three areas, the claim is directed toward patentable subject matter. If the Examiner determines the claims are directed toward one of these areas, the Examiner will then evaluate the claimed subject matter to determine whether the claims include additional elements that recite a practical application. Care must be taken when drafting a software patent application to ensure the patent is eligible for patent protection.
Our computer & architecture patents
The Role of Architecture Patents
While software patents protect the functional aspects of a computer program, computer architecture patents focus on the underlying hardware used to execute the software. Computer architecture patents safeguard the unique structures that may improve performance or processing efficiency of a computer.
Key Considerations for Computer Architecture Patents
When applying for a computer architecture patent, it is important to clearly explain what makes the design new and unique. You should describe how the architecture solves particular technology problems and improves the overall performance of the computer system. A well-written patent application not only protects your intellectual property but also strengthens your competitive advantage in the market.
Utilizing Copyrights to Protect Software
Software patents protect the functional aspects of a computer program, ensuring that the unique processes and methods underlying the software are shielded from unauthorized use or replication. The requirements for patenting software are constantly evolving as a result of recent Supreme Court decisions and of guidance issued by the US Patent Office. Experienced software patent attorneys at Boyle Fredrickson stay on top of this changing landscape and are ready to provide the advice you need to protect your software inventions.
A copyright protects an original work of authorship and vests in the author when the work is fixed in a tangible medium. For software, the work is the source code generated by a developer, and the source code is fixed in a tangible medium when it is saved to a storage device. Thus, a developer obtains a copyright as soon as the source code is written.
The copyright, however, only protects the specific source code generated by the developer and does not protect underlying functions or methods implemented within the source code. A second developer may independently generate source code to perform an identical function. The second developer obtains a copyright in the new source code as another expression of the same idea. A copyright only protects against direct copying of source code by another party.
The Significance of Trade Secrets in Software
Trade secrets are a third form of intellectual property that may be utilized to protect software. Several factors may counsel protecting software by trade secret.
The pace of software development is a first factor. Software is constantly improving and evolving. Newer versions of software may be released within months and commonly within one to two years of a prior release. In contrast, a patent typically takes two to three years to issue. Thus, a patent may issue on a software feature after that feature has already become obsolete.
The enforceability of the subject matter is a second factor. A patent application requires disclosure of the invention in a level of detail that enables another to practice the invention. If the software function to be protected is difficult to observe, it may be better to protect the function by trade secret. For example, software controlling how a machine operates may be readily detected in a machine manufactured by another party by observing operation of the machine. However, software increasing the speed of data transfer between memory and a processor may be difficult to identify when another party is infringing.
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Whether your IP needs are domestic or international, large or small, technologically complex or simple, we can help. IP law is all we do.