How Many Computer Programs Be Registered Under Copyright Laws?

Computer software or programs are instructions that are executed by a figurer. These are in the grade of source codes and object codes, which have a lot of skill, fourth dimension and labor to develop them. Computer programs take a market place value and hence can be copied and used by unauthorized persons. These should hence be protected nether a strict legal regime. Software tin can exist protected under copyright law, and inventions related to software may as well be protected under patent law.

PROTECTION UNDER COPYRIGHTS:

TheCopyright Act of Republic of india was amended to include 'computer programme' every bit 'literary work'. Further, Section two(ffc) of the Deed defines 'Computer program' as a set of instructions expressed in words, codes, schemes or in whatever other form, including a car readable medium, capable of causing a computer to perform a detail job or achieve a particular result. Hence, software program can certainly be protected nether Copyright police.

An example of software program registered every bit copyright in Republic of india is the copyright granted to the Hindi to Panjabi Motorcar Translation Software developed past Dr. Vishal Goyal and Dr. Thousand.Due south.Lehal, from the Punjabi University Patiala.

Copyright protection extends for author's lifetime plus threescore years. Hence, protecting software programme under copyright law (which in whatever case is automatic) may arrear to be bonny. All the same, it has to be noted that copyright protects expression of an idea and not the idea itself. Hence, in the case of software programs, it is the software programme that is protected, and non the functionality of the software programs. Hence, it may not be a skillful idea to rely solely on copyright law to protect software related invention. I may wish to explore the option of protecting software related inventions using patents.

PROTECTION UNDER Patents:

A software patent is defined by the Foundation for a Free Data Infrastructure (FFII) as existence a "patent on any operation of a computer realized by means of a computer program". While The Indian Patent Act allows a new production or process involving an inventive step and capable of industrial application to be patentable, information technology likewise provides a listing of subject matter that cannot exist patented. Department iii of the Human activity lists down subject matter that cannot be patented, and Department 3(chiliad) specifically states that "computer program per se" is non a patentable subject matter.

About countries place some limits on the patenting of invention involving software. For example, U.South. patent police force excludes "abstruse ideas", and this has been used to reject some patent applications involving software.

In Europe, "computer programs as such" are excluded from patentability.  The EPO holds that a programme for a computer is non patentable if it does not accept the potential to cause a "further technical effect" beyond the inherent technical interactions between hardware and software.

It is very important to note that a estimator program (source code) may not be patentable every bit such, merely it does not mean that a software invention cannot be patented. One way of determining whether a software invention will be considered patentable subject thing or not, is by trying to estimate whether the software invention offers a technical solution to a technical trouble. The invention may be consider a patentable bailiwick matter if the software invention offers a technical solution to a technical trouble. A software invention once patented, will be valid for 20 years.

Advantage of patent over copyright

A patent over a software invention can exist used to prevent others from utilizing a certain algorithm without permission, or to foreclose others from creating software programs that perform patent protected functions. In dissimilarity, copyright law protects only the expression of an thought and not the idea itself. In other words, copyright can just prevent the copying of a particular expression of an thought i.e. copying of source lawmaking or a portion of it, and not the copying of the idea/functionality. Hence, patents offer much broader protection.

In that location are significant differences in protection offered by patent and copyright. Some major contrasting features of these ii forms of protection are illustrated beneath.

• Patent police force protects functional aspects of an invention. Copyright protects the thought that is expressed. Under copyright, the form of expression is protected, and non the thought or concept.
• Copyrights go constructive the moment a piece of work is created in a stock-still, tangible form of expression. Patents need to be applied for earlier the same is fabricated public (some countries provide a grace period for filing a patent awarding post public disclosure).
• Copyright protection extends for author's lifetime plus 60 years (may vary based on the type of work existence copyrighted), whereas term of a patent is 20 years.

Conclusion

Any software plan, whether there is an inventive aspect involved or not, is protected under copyright. However, the dilemma of whether to opt for patent protection arises when there is an inventive aspect associated with a software product or a process. In example the software product or a procedure has inventive aspects, then ane should definitely explore the choice of protecting the same using patents. The reason being, protection offered by patents equally compared to copyright is much broader and stronger.

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How Many Computer Programs Be Registered Under Copyright Laws?,

Source: https://www.invntree.com/blogs/software-innovations-patent-or-copyright-what-should-you-file

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