How can software be protected? Intellectual property rights makes the foundation of the software industry. This term refers to an array of intangible ownership rights in an asset, such as software programs. These rights of ownership can be protected by different legal methods depending on the type.
There are basically four types of intellectual property that apply to software: trademarks, copyrights, patent and trade secrets. Each type has a different legal protection. Let us discuss how each applies.
4 Ways to Protect Your Software Intellectual Property
Intellectual property is essential for every company’s survival. You must therefore think carefully about protecting your software. According to US law, you can protect your software intellectual property using the following methods:
#1. Trade secrets
You must take precautions to protect your software trade secrets, even if you don’t believe that they are trade secrets. A signed NDA protects the trade secrets of the company from misuse by employees who leave the company or get fired. This agreement should be in place before employees leave the company. In addition, you should follow your state’s laws regarding trade secrets. If you don’t know any, check the Uniform Trade Secrets Act.
A federal trade secret act (USTSA) is one way to protect your software. In certain cases, this act may supplant state laws if your software is stolen. The DTSA has defined trade secrets and sets up a statutory framework for dispute resolution. This Act gives you more rights than if you didn’t have one. A court may also grant you compensatory damages, if you can prove that someone misused your software without your permission.
Under the Trade Secrets Act, a company may be able to protect a wide range of information, including financial data and algorithms. It can also protect a list of customers and potential suppliers. However, it’s important to note that this law protects only the intellectual property of the owner and is not designed to prevent others from copying it. While it’s not as effective as a patent, trade secret laws are important and help protect your business.
There are several types of protection available for software trade secrets. A trade secret is information that is known only to the owner of the software and has independent economic value. Generally speaking, most software is a trade secret. You can protect your software trade secrets in several ways, including physical security (such as security cameras and restricted access zones), electronic security (firewalls and encryption), and contractual protection (such as confidentiality clauses).
Because of the growing importance of trade secrets in the business world, it is important to consider your options for protecting these sensitive information. While patents provide protection for a broad range of subject matter, trade secrets protect an even wider spectrum. They can protect software systems, algorithms, correlations, systems, and methods that can’t be patented. Regardless of your business model, you need to ensure that you protect the trade secrets that are important to your business.
#2. Copyrights
Software copyrights protect the program code, as well as the look and feel. However, they also protect you from others who might copy your work and use it for commercial purposes.
The software copyrights protect the program’s title and author, as well as the source code and object code listings. Software can also include design details, but not computer databases or documentation. Similarly, trademark rights protect your brand name, excluding obligations. Other intellectual property rights, such as mask works, protect semiconductor chips. For these types of copyrights, you need to find out which rights apply to your software.
It argued that a program’s “idea” could be stated narrowly, but everything else would be considered an expression protected by the copyright. This case established the basis for later software copyright cases. However, it is not the end-all-be-all of copyright laws. There are some important exceptions to these general principles, but they are worth noting.
Software copyrights extend to screen displays. A recent Copyright Office decision clarified that the copyrights of computer programs extend to screen displays. The screen displays must be original and contain creative authorship. This decision will make software copyright protection a necessary complement to patent protection. Copyright protection will allow you to claim attorneys’ fees and statutory damages for infringement.
#3. Patents
If you have developed unique features in your software and want to protect those features against others, you should consider registering for a patent. A patent is a legal document that protects your creation and prevents others from making or distributing it without permission. You can apply for a patent online with the USPTO. The process of applying for a patent varies depending on the type of software and its purpose. To make the process easier, you can work with a patent attorney.
For example, mobile apps may include several components such as user interfaces, music, videos, and images. They may not be patentable. A manual to identify plant diseases, for example, may be protected under copyright. A software license may be a better way to commercialize such an application. The licensing mechanism may result in unexpected market success and immediate revenue generation. This is because software patents are difficult to enforce. However, the protection offered by a patent is far more thorough than the cost of policing software infringement.
In 2013, the USPTO published the Final Computer Related Examination Guidelines (CRE), which are not final because they are subject to constant revisions resulting from Federal Court of Appeals and Supreme Court decisions. The guidelines for software patent eligibility gave direction to USPTO officials regarding the granting of patents. While these guidelines are not final, they are very helpful in determining whether a patent is eligible for protection. The recent Alice case emphasized the need to protect free speech. While software patents are essential to protecting intellectual property, they should complement each other.
As with any other invention, patenting software has its drawbacks. In the United States, the process can be slow. From filing to granting a patent, the process can take three to six years. Patents are only valid for a few years, and software can become obsolete while it waits. Moreover, software patents often are not enforceable in court. Therefore, it is essential to sign confidentiality agreements and licensing contracts.
#4. Trademarks
A trademark gives an owner exclusive use of a name, logo, or product or service to differentiate it from others. Once a trademark is registered, it is valid for as long as the owner continues to use it or renews it. Otherwise, the trademark lapses. A trademark can help protect the name of a software company and prevent competitors from using a similar name. Trademarks do not protect the software themselves, however.
Before you decide to file a trademark application for a piece of software, you should consider the value of your product. Having a unique brand can attract contributions and boost adoption. Core contributors might consider retaining the rights to certify sub-projects and sell project-related merchandise. Trademarks may also be helpful in cases where your software is widely distributed. If you want to protect your software, you should consider the following guidelines.
Before trademarking a piece of software, it is important to understand the law. Trademark law protects consumers by balancing free speech and freedom of expression. In some cases, a trademark can be used without the need for permission if the product’s use is in a commercial context. Further, if a trademark is the most accurate way to identify a product or service, it may be protected. The Linux Foundation maintains a trademark notice on all its project websites.
Overview
Patenting a software design can help protect its content. Trademarking a software design can help protect the design, text, and graphics of a software application. A computer game developer may also patent the user interface. Different graphics elements of a game can be protected through trademarks, including characters, locations, menus, and weapons. This helps the developers to keep their products protected from piracy. A trademark can also prevent competitors from copying a game and profiting off of it.
There are many avenues for intellectual property protection and recourse in the event of violation. You must take the necessary legal steps to protect your rights. Make sure you understand the scope of any preventive measures you take.
PatentPC can assist you in protecting your software intellectual rights if you are at the beginning of your software development project. Get in touch to hire the best technology attorney.
