Goldizen & Associates

 

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PATENTS
TRADEMARKS
COPYRIGHTS

DOMAIN NAME DISPUTES

SOFTWARE PROTECTION
GENERAL LEGAL ISSUES

SOFTWARE PROTECTION

There are two main methods of protecting your software programs, patents, and copyrights. A software process may be subject to patent protection so long as it meets the statutory requirements set forth in Sections 101, 102 and 103 of Title 35 of the United States Code. (See patent section of this site.) Many software companies, hardware manufacturers, and individuals have capitalized by protecting their software methods through either patents or copyrights. In fact, large corporations generate streams of revenue by patenting various implementations of computer processes and hardware. Their strategy involves patenting and protecting many of the least costly methods for implementing software and hardware. Competitors must then either pay a licensing fee or implement a more costly software or hardware solution, thereby cutting into profits or forcing the competitor to compete in a disadvantageous manner.

Copyrights are also useful in protecting software. Copyright protection subsists in original works of authorship fixed in any tangible medium of expression. In fact the assembling of pre-existing software programs and routines may be subject to copyright protection.