Q: Registered copyright work better than patent for methods or software
Could a registered copyright work better for protection detailing a business method, component topology and clearly related process than a conventional patent for a software system that superimposes over the method? May it be better to do both with the patent sharing details of software system? What level of detail is needed for a software product patent
A:
1) Getting a patent on software that uses conventional technology to implement a set of rules for a structured human interaction is very difficult given the current Supreme Court view of this subject matter.
So figuring out an interesting way to hold an auction for dog food and then putting that into conventional software is unlikely to obtain a patent.
See training materials for USPTO Examiners at https://www.uspto.gov/patents/laws/examination-policy/training-materials-subject-matter-eligibility This is a topic that will require some detailed thought on your specific situation by a patent attorney that files software patents of this type. I have stopped filing such patent applications but still file patent applications on software that makes a machine do a better job at being a computer or other machine (for example software to run a telephone network or interpret ultrasound data).
2) Copyright is very narrow protection and does not protect the concept. It only protects the specific expression of that concept. Further, in order to infringe a copyright -- one must copy. So if a company independently develops a similar solution-- your copyright would be useless but a patent could be powerful.
Patents apply against an "innocent infringer" someone that built their product without knowledge of the other patent application.
3) Your instincts are good that you can apply for both forms of protection just as you can put locks on your home and have a burglar alarm.
I hope that this helps but you need to discuss details with a patent attorney.
Kevin E Flynn
1 user found this answer helpful
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