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Posted by on Jul 19, 2020 in Technology Vision | 0 comments

Software Patenting – A Complete Overview

Software Patenting – A Complete Overview

Software patent means earning the copyright of a piece of software that includes a program, algorithm, libraries, interface, etc. To get a patent, one needs to apply to the authority of the country. For each country, a separate application is required in order to file. However, regional offices are also there to reduce the complications in the process of patents. The first software patent application was filed in 1962. The patent was given for solutions in linear programming problems.  

Different countries have different rules and regulations for software patenting, for example. In the US, various limitations are present in patenting newly invented software that includes the exclusion of “abstract ideas.” Multiple software companies oppose the limitation. In European countries, patents are not given until the software creates a potential technical effect. Patenting the software is not easy, and one needs to do a lot of paperwork and need to satisfy all jurisdictions’ legal requirements. 

The primary purpose of patents is to provide legal rights to the developer. To promote innovation and progress in the software industry, various countries are trying to reduce the patent procedure complications. After getting a patent, one needs to pay a royalty to the developer if it is used in programming or coding other software. It is considered as justice for the inventor or developer who has developed the software. 

Difference between software copyright and patent 

Traditionally software is protected through the copyright system. This is because of the easy fitting of codes in literary work. Thus, every new software automatically comes under the copyright library. It will ensure the uniqueness of software to the creator. One cannot copy the codes to develop another software.  

Recently, a software patent system is introduced that gives the developer the right to claim the invention. It will prevent others from using the same technology without paying a royalty to the owner. Generally, the patents are given for software pieces that include various coded algorithms, computer programs, etc.   

Copyright only prevents the copying of codes and algorithms. But one can do write their own underlying methodologies. Software patenting involves a more complex procedure as compared to claiming copyright. You should need to know that only a specific kind of software can be claimed for the patent. The nature of software matters a lot and should be accepted by the software industry. 

Check out some objections fort software patenting. 

The most common objection is made that they are the trivial inventions. That means many people can quickly develop the same kind of software, and thus the power to one person should not be given. However, different countries their own ways to deal with objections. A software patent is a matter of significant debate related to the future of the world. 

Most of the countries have adopted easy procedures for software patenting. However, many countries are still debating the topic. In our view, to boost the software industry sector, every government should adopt the appropriate software patenting body.