Intellectual Rights on Software / Application

[cosmic_sniper]

I am wondering if there's such a thing as intellectual right on software / application? I mean, if you have an idea and put it into codes, applied for a patent (if there is) then release it, then you could say you own it. But what if someone adopted your idea, changed the design, and used a different code? It is clear that the idea is yours but will your patent still give you protection in such a case?

 

So if ever there is such thing as intellectual property right on software / application, is there a point applying for such patent, especially ideas could be interpreted using different codes?

 

What do you guys think?

[joe92]

This is a much debated topic, and patent law on software varies greatly from country to country. The US grants all software patents, along the lines that 'Everything under the sun made by man is patentable'. Whereas, over here in the UK, software patents are near impossible to get. In researching/applying for one here you will undoubtedly be referred by a solicitor to the 'Aerotel v Telco and Macrossan' case as they themselves don't have a clue.

 

Let's say you invented facebook and you wanted to apply for a patent on the news feed. In the aspects of your patent, you described the layout of the news feed. You have a textarea at the top of the page to add your own news too and below it, all the news from your friends is displayed. Then, as patent law requires it, you go on to describe every detail of how this is achieved. How the database handles incoming data, how javascript manipulates the page to make it look 'real-time'. The whole works. Someone could then come along, read your patent and understand how to make an exact replica of it (as is the entire aim of patents). Then they do. But they put the textarea at the bottom of the page, and your friends news in a div above it (like text messaging on a smart phone). Because you had described the layout in your patent application, they are not actually infringing on the patent per se. Also they used two queries where you had used a left join? Just simple little things like this make infringements hard to prove.

 

This is where it turns into a battle of the bank accounts. If you had enough money, you could take them to court. They would then have to defend themselves. If they won, you could then appeal the decision and take them right back to court. This can go on and on and if you don't have enough money, it will bankrupt you.

 

So, in my opinion, patents on software are worthless. Unless that is, you want one to pretend that you're a 'big-fish'. And this, in my opinion, is a perfectly justifiable reason. If you stick 'Patent Pending' on your website, most 'little-fish' will see this and think you are not worth the hassle. Alongside registered trademarks and copyright symbols everywhere, they won't rip you off.

[thomasw_lrd]

We are in the process of fighting this right now at the company I work for.  I'll let you know how it all works out in the end.

 

The main gist of the argument is, the former owner came up with the idea, while the company spent the money to make the idea possible.  So who owns our software? 

 

It gets really complicated though.  Before I was hired they had a contractor work on the project, he copyrighted all the code to his name.  So now who owns it?  Luckily, the contractor isn't trying to apply any rights, since we paid him for the work.  But who really owns the software?  The company, the former owner, the writer of the software, me? 

[Philip]

The main gist of the argument is, the former owner came up with the idea, while the company spent the money to make the idea possible.  So who owns our software? 

In almost every case I've seen, the company has owned the patent/copyright/etc. For new hires, there is almost always a clause saying "we own everything you do while you work for us if it is even remotely relevant to the company" - which sucks sometimes Given that he was a former owner though, I'm sure something would be worked out.

[cosmic_sniper]

Well I guess this is really such a big debate. Intellectual rights on software or even websites would not really give you protection as it should be but it would just help you project yourself as a "big fish" as joe92 said.