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| Patent Group | |
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| Computer Software and Intellectual Property Law | ||
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Some Common Questions:"I wrote a computer program; what do I do now?""I am working through an LBNL contract with a third party software developer; what special measures should I take to ensure the protection of LBNL intellectual property?"Computer Software and CopyrightINTRODUCTION1. WHAT IS A COPYRIGHT?2. WHAT IS A SOFTWARE COPYRIGHT?3. WHAT DOES IT TAKE TO GET COPYRIGHT PROTECTION?4. WHEN IS A COMPUTER PROGRAM PROTECTED BY COPYRIGHT LAW?5. WHAT IS NOT PROTECTABLE UNDER COPYRIGHT LAW?6. SOURCE CODE VS. OBJECT CODE7. APPLICATIONS VS. SYSTEM PROGRAMS8. CAN THE LOOK AND FEEL OF A COMPUTER PROGRAM BE COPYRIGHTED?9. TRANSLATIONS, ADAPTATIONS AND REVISIONS ARE DERIVATIVE WORKS10. DATA BASES ARE COMPILATIONS11. SO WHAT IS FEDERAL COPYRIGHT PROTECTION?12. WHO IS THE AUTHOR?13. PROPER COPYRIGHT NOTICE14. COMPUTER MANUALS ARE ALSO PROTECTED15. COMPUTER PROGRAMS ARE NOT SOLD, THEY ARE LICENSED16. WHAT YOU SHOULD KNOW IF YOU WRITE SOFTWARE AS AN LBNL EMPLOYEE17. LBNL PROGRAMMERS ARE ENTITLED TO A PERCENTAGE OF NET ROYALTIES18. SOME COMPUTER PROGRAMS CAN BE PATENTED19. PATENT OR COPYRIGHT: WHICH IS THE BEST WAY TO PROTECT A COMPUTER PROGRAMAPPENDIX 1 WHY AN IDEA CANNOT BE COPYRIGHTEDAPPENDIX 2 MATHEMATICAL FORMULAS & COMPUTER ALGORITHMSAPPENDIX 3 NOTICES REQUIRED*Written by John E. Wehrli, formerly of the Patent Department, Lawrence
Berkeley National Laboratory. Available as LBL Report No. 38995.
Computer Software and Patent LawRecently, the U.S. Patent and Trademark Office declared that computer programs embedded in a "tangible medium" are patentable. "Tangible medium" refers to any form that is capable of being used in a computer directly, such as magnetic diskettes, magnetic tapes, and optical disks. All other requirements for patentability still apply (e.g., nonobviousness or novelty). Furthermore, there are three types of subject matter that cannot be patented, even in computer program form: (1) natural phenomena; (2) abstract ideas; and (3) laws of nature. This last exception includes mathematical algorithms. Generally, software inventions are not abstract.Even if it is determined to be appropriate to patent a particular piece of software, obtaining the patent is a difficult, costly, and time-consuming process (taking up to three years in some cases). At LBNL, the Licensing Group of the Technology Transfer and Intellectual Property Management department decides, with the advice of the Patent Group, whether to patent an LBNL-produced software program. Typically the decision will turn on the degree of commercialization the software is expected to undergo. See also the sections entitled "Some Computer Programs Can Be Patented," and "Patent or Copyright: Which Is the Best Way to Protect a Computer Program?"
Computer Software and Trademark LawCopyrightA copyright protects the form of expression of a creative work. Copyrights are governed by LBNL's Copyright Policy.Under Contract 31, DOE controls LBNL and UC's right to register copyrights with the U.S. Copyright Office. The LBNL Patent Group works closely with LBNL employees to ensure full copyright protection for LBNL-produced works, whether they are computer programs that will be licensed or journal articles. More information on Copyright.
TrademarkTrademarks are "brand names." Generally, LBNL does not pursue trademark protection, except in limited cases where commercialization of a product might warrant.More information on Trademark.
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