Software Patents - Useful Information

By Business Editor

There is a basic difference between copyrighting and patenting, yet both are critical when it comes to new inventions of software ...

The question of whether or not software patents are a necessity has been the subject of many debates. There are two distinct schools of thought on the subject, the first being that copyrights offer sufficient recognition to the software creator. The second thought is that unless there is complete intellectual protection, there is no incentive for a professional to consume himself or herself in the process of creating new software applications.

There is a basic difference between copyrighting and patenting, yet both are critical when it comes to new inventions of software. The value of such programs is totally proportionate to their functional uniqueness. Unless the software is patented, it would be very easy for others to copy the core ideology and replicate its application without violating any copyrighting laws. This is because, unlike trade secrets that can be kept undisclosed for centuries, new software programs can be easily reversed, engineered and copied. Therefore, patents for software programs are crucial for the protection of this type of intellectual property. The patent usually does not cover the software itself, but its functions and deliverables. The concept of patents for software has become so popular today that a company's status in the market is ascertained in most cases by the number of US patents it has collected under its belt from the date of the company's inception. Many small research companies find themselves rubbing shoulders with giant software companies because of their ability to create software which is substantiated by the number of patents their portfolio includes and showcases. As a new entrant in the global market, any software company can claim and secure its niche simply by the strength of their track record, which is presented in black and white by the patents they have secured.

Why do so many people or companies apply for software patents? It is because once the software applications are released in the market, it takes next to nothing to reverse engineer it and re-create it to deliver the same functions. If this happens, then the inventor stands to lose not only the credit from their new inventions but also the financial rewards that such patented trademarks would otherwise ensure.

From all of this information, it is clear that software patents are indeed necessary. Without such protection, no one would be interested in investing their time and energy into developing new applications and processes. Without these applications and processes, the break-neck speeds at which technology advances today might not have been possible. The fact that there is an intellectual property law that protects the rights of the inventor in the virtual world has encouraged professionals and small companies to apply themselves to new concepts, processes and functionalities.

Next article: What A Patent and Trademark Attorney Does And Why You Need One

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For more information about Trademarking-related resources, see our Business resources section, subscribe to our Business Newsletter containing news, updates and insider tips, or go to more articles about Patent.

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