2016-12-14
In today’s tech-driven era, the world has experienced a shift into the virtual space. Many businesses have an online presence and market and sell their goods and services through the internet. Technology related ideas and inventions have the potential to boost a businesses presence in this competitive online world. Innovation can help a business to stand out and improve a customer base. Many businesses have begun developing software to improve user experience in many different fields. This can help them to promote their brand, attract more traffic to their website and generate returns. For most businesses, software is an intellectual property that needs protection against infringement.
There are two ways to protect software. The first is copyright protection and the second is patent protection. Copyrights arise automatically upon creation and protect the unique code used to create the software. It usually lasts through the lifetime of the creator and 50 years after their die. Patent protection requires that the invention be filed as a patent application. The patent process can be relatively slow and provides protection for 20 years.
The scope of patent protection is wider than that of copyrights. While copyrights prevent copying the work, they do not provide protection against the possibility of creating the same user experience through the use of different coding. Patents protect the functionality aspect of the software. If looking to protect the way in which your software works, a patent can be invaluable.
Software Patents
There is no mention of software or computer programs in the Canadian Patent Act. In fact, software code is generally protected only by copyright. While the code itself is not protectable as a patent, the way in which the software works may be. When described properly, these methods may be patentable. In the past, business methods were not generally considered to be patentable but this has slowly been changing. The Canadian Intellectual Property Office supplies its Examiners with practice notices to provide guidance in patent examinations. These notices include recent amendments. Staying up to date with these notices can provide insight into how an application related to software or business methods will be examined.
Over the years, doors to patent your software invention have opened up. In this generation of the virtual business world, protecting your inventions can give you a competitive edge. Applying for a patent requires knowledge and thorough research. It is recommended to obtain the assistance of a registered patent agent who can guide you through the process of obtaining protection for your software.
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