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Guest
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copyright vs. patent |
Posted: Fri Apr 02, 2004 1:19 pm |
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Hi, what is the difference between patenting software and copyrighting it?
I've seen both done. Which one is easier/cheaper to get in the US? Also, can a hardware invention (lets say a new chair) be copyrighted?
Thanks
-Ben |
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random_person Guest
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Posted: Fri Apr 02, 2004 3:37 pm |
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I'm not sure this is on topic...please let me know. But I'm a nice guy so...
Here is an article that tries to define the line between the patenting and copyrigting of software
http://www.bitlaw.com/software-patent/history.html
From the article...
Quote: | Is the invention in actuality only a mathematical algorithm, such as a computer program designed to convert binary-coded decimal numbers into binary numbers? If so, then the invention is unpatentable. However, if the invention utilizes the computer to manipulate numbers that represent concrete, real world values (such as a program that interprets electrocardiograph signals to predict arrhythmia or a program that analyzes seismic measurements), then the invention is a process relating to those real world concepts and is patentable. |
My understanding (with no legal background) would be thus:
As an example, you may be able to patent software that is being used to analyze some scientific application in a "non-obvious" way (such as software used for a new process of medical imaging ).
However, if the computer code you've written is simply utilizing mathematical algorithms to accomplish a task in software that is "obvious" (ie: writing tax filing software or a file sharing program), then it would likely not be eligible for a patent, but copyright.
I've read that copyrights are much easier to get. Government filing costs are around $30 i believe (not including cost of hiring a lawyer). Patents are much much more expensive (perhaps $1500+) and take longer to have filed and published.
A hardware invention such as a chair would not likely be a candidate for copyright since its intrinsic value is not as a publishable work of art or intellect. If you write software that designs chairs, a book that shows them or a song about it...you could probably copyright those ![Smile](images/smiles/icon_smile.gif) |
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random_person Guest
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random_person Guest
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dbotkin
Joined: 08 Sep 2003 Posts: 197 Location: Omaha NE USA
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Posted: Sat Apr 03, 2004 2:57 pm |
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Copyright is by far the easiest thing to obtain -- you need do nothing. Anything you write is copyrighted the instant you create it. Patents are another matter. So far I have had near unanimous advice never to patent anything. A patent simply makes all the details of your invention or innovation available to everyone. It doesn't make it much easier or any less expensive to sue someone for infringement, nor does it guarantee success in a lawsuit or that even if you do win you'll ever collect a dime.
My father is listed as the inventor on some 20-odd patents, all developed for his employers. He still invents new things, but even he says he'd never bother patenting them. He'd rather license or sell the idea to someone else and let them do the heavy lifting. In my own case, the useful lifespan of most things I develop are probably less than the time it would take to get a patent granted, let alone expire. Anyway, there are countless web resources out there, as well as some excellent (and smoe less than useful) books available from your library, local bookstore or Amazon. |
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random_person Guest
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Posted: Sat Apr 03, 2004 4:39 pm |
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dbotkin is right: copyright is free and comes into effect as soon as the work is in a "tangible" medium...such as computer hard drive space.
i did read though that you must register the copyright with the government before you are allowed to sue someone for violating it. so if you ever plan on making money from something you write/code, its probably best to register the copyright sooner than later. Plus if you didn't register, i imagine you would have a much harder time proving original authorship if someone stole parts of your code, used it in their own project and then they filed copyright first. ![Smile](images/smiles/icon_smile.gif) |
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guest Guest
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thanks |
Posted: Sat Apr 03, 2004 9:20 pm |
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random_person, dbotkin - thanks a lot for the great info. One more thing though - let's say you invent a chair (that is a smart chair with an embedded PIC - now we're on topic ), and then copyright the blueprint/design. You start making money off the chair by licensing the design or having it manufactured. Can you sue a person if they try to do the same using your exact design?
-Ben |
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random_person Guest
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Posted: Sun Apr 04, 2004 4:34 pm |
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again, i'm no legal or business expert but i'll take a stab...
http://patentbasics.com/indesign.html
From what I read here, I've deduced that while blueprints/design schematics are protectable by copyright, the device (PIC embedded chair) and its design, as an idea, generally are not. What this means is that anyone could buy the chair, take it apart/reverse engineer it and build the same thing to sell. However, they could not use the blueprint/schematic to do this, nor could they reproduce/distribute that blueprint/schematic beyond the boundaries of "fair use".
Now, if they stole your PIC code from the device through disassembly or what not and used it in their own product...they might be infringing on some sort of intellectual property rights. also, if any part of the chair's design value were deemed "pictoral, graphic, or sculptural" and not integral to the function of the chair itself, that part would be considered protected by copyright.
So this leads me to believe that for un-patented industrial/mechanical devices, it would be really hard to prevent anyone from copying your basic design, given the resources. I guess thats easy to notice since many successful and "original" commerical products have their own wave of spin-offs after time.
If anyone wants to correct my understanding of this, please do! ![Smile](images/smiles/icon_smile.gif) |
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