Transcript Software Protection

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 3rd 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.
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.
Reference: AUTM Technology Transfer Practice Manual,
3rd Edition