Software Copyright vs Patent Protection
Software sits in a gray zone of IP law, where both copyright and patent can protect it, but each covers a fundamentally different thing.
Copyright protects the actual code as written. A patent protects the underlying method or functionality. Many software companies need both to be fully protected.
What copyright covers
- The specific source code you wrote
- Automatic protection on creation
- Prevents direct copying of the code
- Does not stop someone rewriting the idea
What a patent covers
- The functional method the software performs
- Requires a filing and examination
- Stops others using the same function
- Harder to get and more expensive
Copyright the code automatically, and pursue patents only for the genuinely novel functions that give you a real competitive edge.
Building both layers
A serious software company uses copyright for the code and patents for the novel functions, together they are far stronger.
- Copyright the code automatically
- Patent genuinely novel functions
- Keep the two protections aligned
Copyright the code and patent the novel function, together the two layers make your software far harder to copy.