Can Software Be Patented? Inventor Opportunity in IT

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In summary, the conversation discussed the possibility of software patents and the challenges they pose to innovation. Some people believe software can be patented, while others see it as an obstacle. The Wikipedia page on software patents was mentioned as a resource for understanding the complexities surrounding this issue. One person also shared their personal experience with obtaining a software patent.
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little_tiger
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can software be patented?? Is there any opportunity for becoming an inventor in IT?

Hello all,
Can software be patented? I heard that some people say software cannot be patented and some people assume software patents as the obstacles to innovation. Is that true? However, some people say different things.
Can you guys give me an accurate answer based on government official websites? Thanks.
 
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Patenting software is a huge bundle of fail. The short answer is "yes, you can patent software," with a whole bunch of asterisks. Read over the Wikipedia page to get an idea of the issues facing software patents.

http://en.wikipedia.org/wiki/Software_patent
 
  • #3


As the proud holder of software patent #5,995,974 I would have to agree with "fss"...

After multiple consultations with varying groups of lawyers we ended up with a patent document describing something whereof I couldn't quite grasp the function...even though one of my block-diagrams is included in the actual application. It is now wholly owned by IBM who probably don't realize that they hold the key to years of litigation against anyone who attempts to load a user defined function into a data storage application.
 

1. Can software be patented?

Yes, software can be patented under certain conditions. In order to be eligible for a patent, the software must meet the requirements of novelty, non-obviousness, and usefulness. This means that the software must be a new and original invention, not obvious to someone skilled in the field, and have a practical application.

2. What types of software can be patented?

Generally, any type of software that meets the requirements for a patent can be patented. This includes computer programs, mobile apps, and other types of software. However, software that is purely abstract or mathematical in nature is not eligible for a patent.

3. How is a software patent different from a copyright?

A software patent protects the functional aspects of an invention, while a copyright protects the expression of an idea. In other words, a patent protects the specific way in which the software operates, while a copyright protects the code and design of the software.

4. What are the benefits of patenting software?

Patenting software can provide several benefits, including the ability to prevent others from making, using, or selling your invention without your permission. This can give you a competitive advantage in the market and the potential to generate revenue through licensing or selling your patent.

5. Are there any limitations or restrictions on software patents?

Yes, there are some limitations and restrictions on software patents. For example, some countries do not allow software to be patented, while others have specific requirements or restrictions on what can be patented. Additionally, software patents have been subject to controversy and legal challenges in recent years.

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