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Software company patent
A Software Company Patent is the Door to a World of Confusion
There is no universal understanding of exactly what a software company patent is. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each and every country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take quite a while in order to be approved. Another thing to remember, particularly with a software company patent, is that a patent may issue in one or more of the countries in which you've applied but not all of them.
The real problem lies in the fact that there really is no central agreement about what a software company patent actually grants among any of the nations so those who are awarded patents may not be getting exactly what they think they are getting in the process. With no universal agreement there really can't be universal enforcement about the laws and the rights surrounding a software company patent.
The growth of Internet business and e-commerce in general has led to many patent applications for software, particularly software that was designed for specific business applications. The problem is that while the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or legal recourse for those who do not honor the software company patent even if the patents were granted in those countries. The fine line between nations about what is and isn't patentable is another challenge when it comes to establishing and honoring patents. In other words, the issue of a software company patent is a rather confusing process at best.
Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required in order for your work to be protected.
Lately there is a new term, copyleft, which is an obvious play on words and represents the rights to not only redistribute the works that are covered by this but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software. Of course this is a long way from the idea of a software company patent.
It is also important that you are sure you understand exactly what you are applying for as far as your patent goes. Different countries will grant patents for different things and those are closely regulated and carefully regarded when it comes to software-know what you are applying for and understand what you are being granted. A software company patent means different things to different people in different places and it nearly impossible to get other countries to honor a patent that they would not have granted at the same time they shouldn't expect other countries to honor patents based on their decision to do so either.
One unfortunate circumstance surrounding patents is that there seems to be an unequal and obvious disparity between the haves and the have not's. Patent enforcement for software, unlike literature and music is largely subjective. In literature and music, it is rather obvious that the copyright has been abused or that the work has been copied, this isn't as simple with software which is one other reason that software company patent is such a hotly debated subject in the software industry.
How to copyright software How to Copyright Software Sanely If you're wondering how to copyright software the good news is you've probably already done it. At least you have if you have ever written software. Most people however get confused over exactly what having a copyright for their software means and this is the trickier question to answer. First of all, thinking it isn't going to do it and you can't really copyright the things you think. Second, only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code the copyright belongs to you. Copyrighting software doesn't offer the protection that many people hope it will. The idea of the software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by the copyright. In fact the only thing that is undeniably protected by copyright when it comes to software is the source code. The question you should be asking is now how to copyright software, it is how to patent your software and that requires a much more involved and prolonged explanation. To obtain a patent for your software you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. I warned you this was much trickier than how to copyright software. Then it gets trickier still. There is no universal legal definition of what a software patent is so each country that offers patents also has a different definition for what is protected by that patent as well as for why a patent will be granted. If you want to add to the confusion a little more while wondering how to copyright software, also consider the fact that your software may be given a patent in one of the countries where you applied and none of the others. Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments in order to resolve any issues or disputes that may have arisen from the result of the software patents you hold. If you've forgotten the original question it was: how to copyright software? I told you that one was much easier. The main thing you need to do if you're going for international patents (which can secure a profitable future for you and your business) is to get a really good patent lawyer and have him walk you through and hold your hand for the entire process. In fact, I would say that's probably the best advice you can get. Patents are complicated and when you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents. If this is your first time designing your own software you have every right to be nervous and excited and scared to death at the same time. Remember lawyers went to school much longer than you in order to know what to do in this situation so you should not be expected to know how to copyright software when you've never done it before. Copyright lawyer salary The Going Rate of a Copyright Lawyer Salary A copyright lawyer salary all depends on how many cases he/she gets. Your average copyright lawyer makes a little under $300 per case, but that is just to register a copyright. Which means that depending on what they are doing for you will determine how much it?ll cost. Now many of these lawyers will offer to have you fill out an online application, which means they aren?t getting paid by hour so it doesn?t hurt your check book. You get what you need done and they go on to the next client. Keep in mind if you are only needing someone to file your copyright this may be a good way to go but in order to protect you from various other types of copyrights you may want to hire a professional. Yes, it?ll cost you a lot more money but you will have everything you need. Don?t be afraid to approach a firm because a copyright lawyer salary seems high, many of them will work with you on payments. Not everyone is rich and they know it, they also know it is the working man that helps them stand tall. After you hear everything that goes into paying the copyright lawyer salary you may wonder why they don?t get paid more. . A copyright lawyer salary is basically just like any regular lawyers, it is all figured out by what they do and what they charge. Every item that they do for you has a set fee, whether it is filing a copyright for you, looking up information, going in to court for you, etc. Some lawyers may even charge by the hour, find out before spending two hours discussing what your problem is. Maybe there is a way you can shorten your story a little. You may find out that your lawyer charges you for him/her going out of town. These little things can add up to big numbers for your lawyer, however you normally know how much after your first visit. If you have any questions on the cost of something ask, don?t be shy it is your money you are spending after all. After reviewing the numbers he gives you, shop around and see what another copyright lawyer may charge you and stick with the one you think is best. Remember best doesn?t mean the copyright lawyer salary that is the highest amount, which can just mean they like to charge huge fees. If you are someone that is actually thinking of pursuing the copyright lawyer field make sure you are up-to-date on all the new laws of copyrighting, so much has changed in the last few years. Now will you be able to live comfortably with a copyright lawyer salary that just depends on you and how many cases you?d be able to pull in. I say finish that law degree or start taking classes in it, there is always someone needing a copyright lawyer. Why not let it be you? Now if you don?t want to hire a copyright lawyer because you?ve heard about the copyright lawyer salary, you may try doing it yourself and be able to save over 75% of what it would normally cost for an attorney. Keep in mind that by hiring a professional you may be saving yourself a headache down the road. While a copyright lawyer salary may seem extreme it is only because they know what they are doing and they are helping you. Which has more experience in the field, you or a copyright lawyer? Now which do you think will make sure you are protected? Remember it is your money that helps keep up that copyright lawyer salary, without you he/she wouldn?t get paid. |