| A software patent has no universal understanding. In | | | | probably already done it. At least you have if you |
| general, owning a patent allows a company certain | | | | have ever written software. Most people get |
| rights (or exclusivity) for a prescribed amount of | | | | confused over exactly what having a copyright for |
| time. Individuals or corporations seeking a patent | | | | their software means. Only those things that can be |
| must apply for a patent in each country in which | | | | seen (when it comes to software) can be |
| they wish to have one. Unlike copyrights, patents are | | | | copyrighted. If you want to protect the abstract, |
| not automatically granted to applicants and can take | | | | look into patents. Otherwise if it is original, fixed, and |
| a while to be approved. The growth of Internet | | | | tangible you can copyright it. Essentially you already |
| business and e-commerce has led to many patent | | | | know how to copyright software if you've put it into |
| applications for software, particularly software | | | | a finished form. Once you've written the source |
| designed for specific business applications. While the | | | | code, the copyright belongs to you. Copyrighting |
| cases are granted and successfully tried and | | | | software doesn't offer the protection that many |
| defended in some countries, other countries offer no | | | | people hope it will. The idea of software and anything |
| enforcement or legal recourse for those who do not | | | | about the finished product that wasn't available in a |
| honor the software patent, even if the patents were | | | | tangible (visible) form isn't protected by copyright. In |
| granted in those countries. The fine line between | | | | fact, the only thing undeniably protected by software |
| nations about what is and isn't patentable is another | | | | copyright is the source code. The question you |
| challenge to establish and honor patents. Patents | | | | should ask yourself is not how to copyright |
| differ greatly from copyrights, which are issued | | | | software, but how to patent your software. To |
| automatically and recognized and enforced | | | | obtain a patent for your software, you must apply |
| internationally. Copyrights protect the source code of | | | | for a patent in each country that offers patents for |
| software from being copied and registration is | | | | software and in which you wish to have the |
| generally not required to protect your work. Lately | | | | protection a patent can offer. There is no universal |
| there is a new term, "Copyleft," which is an obvious | | | | legal definition of what a software patent is. Each |
| play on words and represents the rights to not only | | | | country that offers patents also has a different |
| redistribute the copyrighted works, but also to | | | | definition for what is protected by that patent, as |
| modify and freely distribute those modifications. This | | | | well as for why a patent will be granted. Also |
| term is very much in the spirit of many open source | | | | consider the fact your software may be given a |
| types of software and music. The catch for copyleft | | | | patent in one country where you applied and none of |
| protection is that the newly created work be | | | | the others. Of course, if this is not enough fun for |
| distributed in the same manner and spirit in which it | | | | you, you can try to deal with the red tape involved |
| was received. In other words if you were freely | | | | in dealing with multiple governments to resolve any |
| given the software, then you must freely provide | | | | issues or disputes that may have arisen from your |
| the improvements and modifications you made to | | | | software patents. If you are applying for international |
| that software. One unfortunate circumstance | | | | patents (which can secure a profitable future for you |
| surrounding patents is the unequal and obvious | | | | and your business), you need to find a good patent |
| disparity between the haves and the have not's. | | | | lawyer and have him walk you through the entire |
| Patent enforcement for software, unlike literature | | | | process. Patents are complicated. When you're not |
| and music, is largely subjective. In literature and | | | | exactly sure of what you're doing, whom you need |
| music, it is obvious that the copyright has been | | | | to talk to, and what the next step is, you stand to |
| abused or that the work has been copied; this isn't | | | | waste a lot of time while taking a bigger risk. It is |
| as simple with software. How to Copyright and | | | | much easier to deal with how to copyright software |
| Patent Your Software If you're wondering how to | | | | on your own than it is to work out the complicated |
| copyright software, the good news is you've | | | | world of software patents. |