Software patent

Software patents and patents on computer-implemented inventions (CII) are a class of patents and one of many legal aspects of computing. There is intense debate as to what extent such patents should be granted, if any.

Software patents vs copyright

Software patents are sometimes confused with software copyright. Under international agreements, such as the WTO's TRIPs Agreement, any software written is automatically covered by copyright. This regulates the direct copying of the program code.

Related Topics:
Software copyright - WTO - TRIPs Agreement

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Applying for, and being granted a patent gives stronger restrictive power. It covers the programming method itself, independently of any implementation in code. Thus usually reimplementing a program will avoid copyright infringement, but not patent infringement. Like all patents, software patents are enforceable regardless of whether the competitors were aware of the patent (patents are kept secret for at least 18 months) and the software was completely independently developed.

Related Topics:
Patent - Patent infringement

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A patent holder may prevent others from using their invention absolutely, or licence it at terms they dictate. There are strong sanctions for patent infringement, including triple damages in the USA if the infringement is considered deliberate, which means knowing of the patent but not licensing it (even under the assumption it was invalid).

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As laid out in TRIPS, patents are required to last 20 years after filing, provided the maintenance or renewal fees are paid.

Related Topics:
TRIPS - Maintenance or renewal fees

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