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Software company patent
A Software Company Patent is the Door to a World of Confusion
There is no universal understanding of exactly what a software company patent is. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each and every country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take quite a while in order to be approved. Another thing to remember, particularly with a software company patent, is that a patent may issue in one or more of the countries in which you've applied but not all of them.
The real problem lies in the fact that there really is no central agreement about what a software company patent actually grants among any of the nations so those who are awarded patents may not be getting exactly what they think they are getting in the process. With no universal agreement there really can't be universal enforcement about the laws and the rights surrounding a software company patent.
The growth of Internet business and e-commerce in general has led to many patent applications for software, particularly software that was designed for specific business applications. The problem is that while the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or legal recourse for those who do not honor the software company patent even if the patents were granted in those countries. The fine line between nations about what is and isn't patentable is another challenge when it comes to establishing and honoring patents. In other words, the issue of a software company patent is a rather confusing process at best.
Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required in order for your work to be protected.
Lately there is a new term, copyleft, which is an obvious play on words and represents the rights to not only redistribute the works that are covered by this but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software. Of course this is a long way from the idea of a software company patent.
It is also important that you are sure you understand exactly what you are applying for as far as your patent goes. Different countries will grant patents for different things and those are closely regulated and carefully regarded when it comes to software-know what you are applying for and understand what you are being granted. A software company patent means different things to different people in different places and it nearly impossible to get other countries to honor a patent that they would not have granted at the same time they shouldn't expect other countries to honor patents based on their decision to do so either.
One unfortunate circumstance surrounding patents is that there seems to be an unequal and obvious disparity between the haves and the have not's. Patent enforcement for software, unlike literature and music is largely subjective. In literature and music, it is rather obvious that the copyright has been abused or that the work has been copied, this isn't as simple with software which is one other reason that software company patent is such a hotly debated subject in the software industry.
Publishing a Book is the Final Frontier (book publishing) Many authors begin their careers intending to publish a book. Book publishing is a difficult task to accomplish. It takes many months of work and extensive preparation. A book involves intricately woven ideas. A book is a project. In that project is contained many other projects. Most people are not prepared for the intensive process that is involved in creating a full, coherent book. If book publishing is something that you are interested in trying, there are a few things you should keep in mind. First, writing a book is like nothing you have ever done before. It will take extensive and intensive work and development. It will also probably include much of everything you know, and more. Read on for more clarity. Uncharted Territory Book publishing is like a new land that has never been explored before. Of course, there are several book authors out there. They have been around for centuries. Unlike other areas of expertise though, book writing is not something that will be the same process for several different people. As you set out to write a book, you will be able to follow some basic guidelines, but getting your ideas from your head to the page will be an invention of your very own. Not only will you have to get the information onto the page, but you will have to write in a way that thousands or even millions of readers will be able to relate to and understand. Again, that will be a process that will take experimentation and trials. As you begin the process of writing your first book, as well as subsequent books, expect to work and rework. One Idea Is Not Enough Part of the reworking process is the changing of direction within the writing. Many beginning writers aspire to book publishing. They have an idea and vague plan to turn the idea into book. Picture your first grader telling you that she wants to write a book about horses. There is certainly enough information that people want to know about horses to fill several books, but the vague idea is not enough for an adult writer to create publishable work. To write a book, you will need to start with a topic. You may or may not be an expert on the subject. After you have the first vague ideas, you will need to start asking yourself questions. Answering those questions will hopefully lead you to more questions, and so on. Even if your original idea is completely unique and will lead you to write new information that the world does not yet have access to, you will need to add to that original idea for an intriguing finished product. If you are not an expert, or if you do not already know any new information, it will take even more time and effort in order to produce a unique piece of writing. Fiction is the same as non-fiction. Many stories have been told before. If you want to publish, you will need to come up with an engaging and new journey for your readers to take. Using Previously Published Work Now that we have covered the requirement for intricate and new ideas, there is also room in a book for old ideas. Your readers will need a starting place within your writing that is familiar and known. As you are putting together your ideas for a complete book, you will probably publish smaller pieces of work in magazines and newspapers. It is ok, as long as you cite yourself, to reuse some of that work. In that way, you can be publishing as you go along while still making progress towards your end goal in book publishing. After several months or even years, you will have poured out your effort and knowledge into a finally completed and whole book. How to copyright software How to Copyright Software Sanely If you're wondering how to copyright software the good news is you've probably already done it. At least you have if you have ever written software. Most people however get confused over exactly what having a copyright for their software means and this is the trickier question to answer. First of all, thinking it isn't going to do it and you can't really copyright the things you think. Second, only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code the copyright belongs to you. Copyrighting software doesn't offer the protection that many people hope it will. The idea of the software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by the copyright. In fact the only thing that is undeniably protected by copyright when it comes to software is the source code. The question you should be asking is now how to copyright software, it is how to patent your software and that requires a much more involved and prolonged explanation. To obtain a patent for your software you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. I warned you this was much trickier than how to copyright software. Then it gets trickier still. There is no universal legal definition of what a software patent is so each country that offers patents also has a different definition for what is protected by that patent as well as for why a patent will be granted. If you want to add to the confusion a little more while wondering how to copyright software, also consider the fact that your software may be given a patent in one of the countries where you applied and none of the others. Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments in order to resolve any issues or disputes that may have arisen from the result of the software patents you hold. If you've forgotten the original question it was: how to copyright software? I told you that one was much easier. The main thing you need to do if you're going for international patents (which can secure a profitable future for you and your business) is to get a really good patent lawyer and have him walk you through and hold your hand for the entire process. In fact, I would say that's probably the best advice you can get. Patents are complicated and when you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents. If this is your first time designing your own software you have every right to be nervous and excited and scared to death at the same time. Remember lawyers went to school much longer than you in order to know what to do in this situation so you should not be expected to know how to copyright software when you've never done it before. |