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can someone copyright a software idea?

Discussion in 'Legal Issues' started by temp_12000, Apr 3, 2006.

  1. #1
    I have an idea which can build linking automatically. then I developed the software. can I apply a patent for this software, so others can not develop a similar software?

    Since technically, the idea is simple, others may develop similar products very quickly. Do I have any choice to protect the idea/software?


    thanks


    Temp
     
    temp_12000, Apr 3, 2006 IP
  2. soj

    soj Well-Known Member

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    #2
    a patent is the way to go, costly, but if your idea is brilliant, so very worth it.
     
    soj, Apr 3, 2006 IP
  3. max pain

    max pain Notable Member

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    #3
    Even if you get a patent companies will tweak the product-idea a bit and utilize it. So stop worrying just develop your product and get a patent. After all you will be the pioneer of an original idea.
     
    max pain, Apr 3, 2006 IP
  4. dj1471

    dj1471 Well-Known Member

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    #4
    You're making the assumption that your idea isn't already covered by existing patents, which it could well be irrespective of how original you think it is...
     
    dj1471, Apr 3, 2006 IP
  5. mad4

    mad4 Peon

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    #5
    You can copyright the software to prevent somebody copying it and redistributing it.

    A patent would only be granted for the implementation of the idea and the method your software uses to do this.

    If the software is a great idea but the method and process used to implement the idea is not unique, or if its already patented, then you will not be granted a patent.
     
    mad4, Apr 3, 2006 IP
  6. temp_12000

    temp_12000 Peon

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    #6
    Think it this way, can I say:

    if someone had a product that I could develop with new approach and user interface, legally, I could do it and they could not get me into any trouble?


    thanks


    Temp
     
    temp_12000, Apr 3, 2006 IP
  7. Psychotomus

    Psychotomus Guest

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    #7
    thats correct. its like making a game of pong or a game of tetris. you wont be sued. or a FPS or an RPG think the first person who made one of those types of games is going to hunt everyone down?
     
    Psychotomus, Apr 5, 2006 IP
  8. dj1471

    dj1471 Well-Known Member

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    #8
    Nope. Patents cover ideas, not interfaces or implementations (those are covered by copyright).

    If someone writes program X and gets a patent for the function that program performs, you can't write a program which does the same thing, even with a different interface or a different approach, without infringing on the patent.
     
    dj1471, Apr 5, 2006 IP
  9. mad4

    mad4 Peon

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    #9
    This is incorrect. A patent covers the implementation of a process rather than the actual idea. The process has to have an inventive step to qualify for a patent.

    http://en.wikipedia.org/wiki/Patent
    http://en.wikipedia.org/wiki/Software_patent

    Saying that a patent is given for an idea would allow me to patent a mousetrap without offering any ideas on how to achieve this. I could patent an invention of a new kind of mousetrap if it was suitably inventive.

    Patents are generally intended to cover products or processes that possess or contain new functional or technical aspects; patents are therefore concerned with, for example, how things work, what they do, how they do it, what they are made of or how they are made.

    Copyright stops people copying your software/invention/product and redistributing it.
     
    mad4, Apr 6, 2006 IP
  10. Tim_Myth

    Tim_Myth Peon

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    #10
    Temp, the important lesson I learned when I discovered people trying to clone Article Distributor was that so long as they didn't use my code, they could make something damned near identical with a different programming language and be safe.
     
    Tim_Myth, Apr 6, 2006 IP
  11. jrd1mra

    jrd1mra Peon

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    #11
    Read the link in my sig on patent law. A Patent is definately the way to go with software.
    You may also want to search www.gigalaw.com for software patents.
     
    jrd1mra, Apr 8, 2006 IP