A patent is a specific type or unique version of a product that always its owner a legal right to prevent unauthorized people from using it, making it, adjusting it, or even selling it for a specific amount of time, primarily several years.
Software is not patentable in most European jurisdictions, but some software may be patented in the United State. The classification to which software belongs is poorly defined, and some forms may be patented while others may not. The Supreme Court has generally rejected software patents.
Therefore, a software patent is a unique software such as an algorithm, a user interface, a library, or a computer program. This means it could be a specific type of code or application that is not or should not be accessible to the general public because the owner does not want it to be. Different countries have different rules on software patent innovation rules. However, it is essential to note that a software patent is provided to enhance computer performance through a computer application. There is no legal, conclusive, or specific definition of a software patent. What makes a software patent unique is that it is not the code that is patentable. Instead, it is what the code is designed to do in collaboration with the computer hardware that is patentable.
There are some specific qualifications that a software developer and their invention must meet to be granted a software patent. For example, the subject matter has to be new, and it has to be helpful, it has to be statutory in that it is subject matter eligible, and lastly, it has to be unique, i.e., not obvious.
Can a Software Idea be Patented?
This question is very common, and usually, there should be a direct answer of either yes or no. However, in this case, it is not that direct. The immediate response should be no, but a software idea can be patented under a specific circumstance: the patent application tie the software to hardware improvement, that is, physical operation of a computer or an enhancement in a process executed by the computer. This hasn’t proven easy because of technological advancements like downloading software online instead of installing them manually using CDs, DVDs, and flash drives. This is just one of some cunning limitations.
Since different software can be used to run the same application, it is essential to know what makes your software unique in running the same application before patenting it. The software has significant or major concepts and minor ones that seem useless. However, it is imperative to patent the big concepts because they are the backbone of your idea, and they guard it. As for the smaller concepts, it is crucial to patent them because it helps you stay in course and may come in handy if another software developer tries to sue you for your idea; the small concepts may help you survive the lawsuit.
These small concepts make software unique since the more significant concepts can be shared among more than one software developer. The small concepts show the idea is an invention and not just an abstract idea picked up and polished. They should be detailed so that if someone else wanted to recreate your work, they would do it without any doubt or guesswork.
In short, it is not typically ideal for software to be patented, but given unique circumstances, yes, a software idea can be patented.
Is Software Patented or Copyrighted?
Copyright and software patent may sound similar, but they are two different things. The software can only be patented and not copyrighted, and we will look at the reasons for that.
First, copyright is the protection offered to the creator of an original work that prevents others from using, performing, or selling the work. In contrast, software patent is proprietory rights endowed to the inventor of software which excludes others from making, using, or trading the invention for a certain period. This means that patents do not last forever, and that is why software cannot be copyrighted because copyrights do not have a time limit. Software patents last at most 20 years, while the least amount of time a copyright strike should last is 60 years.
Another reason why software cannot be copyrighted is because of the content copyrights cover. Copyrights are associated with artistic and literary works, while software patents deal with inventions. The software ideas are or at least should be inventions which is why software cannot be copyrighted. Because copyrights are associated with artistic work, it means that they cover expressions while patents cover innovations.
When dealing with software and its patents, one always has to register to be recognized. This does not apply to copyrights; they are automatic, which could confuse as to whom the software belongs to if, for example, the inventor is late to show their invention and someone who has used their idea shows it first. Lastly, the Indian Copyright Act of 1957 and the Indian Patent Act of 2005 are the respective governing laws of copyrights and patents. They do not allow one to associate with the other.
Is Software Patentable in Europe?
Each region has its laws, and in America, it is pretty clear that software is patentable. However, in Europe, there is a body known as the European Patent Convention, which has a law that makes it clear that software is not patentable. They consider software patents harmful and try to spread awareness to the US and New Zealand to stop them. The European Patents Office instead offers patents by declaring the computer-implemented inventions.
Conclusion
Software patents have significant advantages to the developers, the main one being that they help protect original ideas. However, software patents also have some significant disadvantages, like they discourage innovation even though they encourage invention. The question of morality, in this case, can only be answered by the software developers who are directly affected by the patents. Therefore we cannot say that it is only good or entirely bad, just like there is no specific definition of a software patent. The choice you make will depend on what region you are in, given that some areas do not encourage it. In areas where it is encouraged, you can weigh in the advantages and disadvantages before deciding whether or not to make your software patent.
