On 12/14/2006 9:41 AM, Chase, John wrote:
What does a patent do for your software "invention" that copyright does
not? I.e., why is copyright not sufficient?
I'm not a lawyer, and so this is only approximate.
However, in simple terms:
(a) copyright protects an expression of an idea: a poem, drawing,
painting, story, essay, novel, etc. Or code, which is an expression of
an algorithm/idea. But it protects one specific expression of that
idea. If someone used your program, as-is or with only minor
modifications, copyright could protect you. It would not protect you if
they took your techniques, massaged them a bit, and perhaps rewrote into
a different programming language. (Though even there, if they
duplicated a GUI closely enough, copyright might apply.)
(b) patents protect a way of doing something. The exact code is
irrelevant in most cases. It would not matter whether you did that
thing in Java, or REXX, or PL/I. What counts is the problem you're
solving, and the method you're using to solve it. The actual code can
remain a trade secret, or not, but it is usually not that exact code
(expression) that you're protecting, but the idea behind it.
A copyright could stop someone from using your program; a patent could
stop them from creating their own program that duplicates your ideas.
Walt (again, not a lawyer, and not speaking for IBM or anyone but
myself)
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