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software patent/copyright

    • 6 posts
    April 12, 2009 9:54 AM EDT
    Hi all,
    I have a question: I developed a software application and now I`m ready to start selling it; before I do this, though, I want to protect it with a patent. How do you think it`s better: to patent it in my own name or to patent it as a product of my company?

    When talking about software, is the copyright something different than patent? Can I have only the copyright and not the patent?

    Thanks a bunch,

    • 7 posts
    June 6, 2012 9:43 AM EDT

    Software can be protected by both a patent and a copyright.

    A patent is used to protect the methods or process that the software performs while a copyright would protect the code only.

    So, a copyright should always be used to protect any new code that you write while a patent may sometimes be used if your program performs a new method or a new process.

    A simple blog or website would only be protected by a copyright while a new gaming engine to run video games faster would also have a patent.   You can read more about how to patent software here: 


    Hope that helps.

    Registered USPTO patent agent with 11+ years of patent filing experience. Filed over 500 patent applicaiton in many technology areas. Check out my website: