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Published in:
2014 | OriginalPaper | Chapter
9. Intellectual Property Strategies for Software: Patent and Copyright Protection
Authors : Gerald B. Halt Jr., Robert Fesnak, John C. Donch, Amber R. Stiles
Published in: Intellectual Property in Consumer Electronics, Software and Technology Startups
Publisher: Springer New York
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Abstract
Patent protection and copyright protection for software are not mutually exclusive. Both can be obtained simultaneously because whomever creates the code is both the author (for copyright protection purposes) and the inventor (for patent protection purposes) of the software. As previously mentioned in earlier chapters, copyright protection only covers the expression of the code, meaning only the “word for word” copying of the code is protectable under copyright. Copyright does not protect the overarching idea behind the innovative code, which often times is where the true commercial value of the software lies. Thus, there is a need for patenting innovative software ideas. Patents protect the particular idea, or invention, of the software.