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Software Copy-right and Patent...

What is the best practice to protect an application?

Q1: Is it a good idea to get both Copy-right and Patent?

Q2: What is the function of Copy-right?

Q3: What is the function of Patent?

Q4: What type of a patent needs to be applied for a patent?

Thank you,

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Mike Eghtebas
Asked:
Mike Eghtebas
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2 Solutions
 
DatabaseMX (Joe Anderson - Microsoft MVP, Access and Data Platform)Commented:
You can't patent sofware per se, but you can patent a software process .... as was the recent lawsuit against Microsoft regarding the use of XML in Word2007 ... which they lost.

mx
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Jim Dettman (Microsoft MVP/ EE MVE)PresidentCommented:
For software, unless you are doing something that is revolutionary in terms of algorithms (like analyzing geo data for oil deposits), it would be difficult to secure a patent and a copy right would more then suffice.

Filing for a patent is also a much more rigorous process and will require $$$ and a lawyer.

Filing for a copyright is easy and you can get more info on it here:
http://www.copyright.gov
Jim.
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Jim Dettman (Microsoft MVP/ EE MVE)PresidentCommented:
<<Filing for a copyright is easy and you can get more info on it here: >>
 I should re-state that.  Registering a copyright is easy, but a copy right in of itself is automatic when you create a work.
Jim.
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GRayLCommented:
Hi Jim:  Provided the work contains the appropriate info as to author and intellectual property notice.
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Mike EghtebasDatabase and Application DeveloperAuthor Commented:
Thank you for the info. In the past I have submitted and have received a copyright certificate for the first version of what I am writing about. I guess this time around, I just could renew it or file addendum of some sort. Originally I filled it on Feb 14, 2005.
If a copyright is only 5 years, then I might be okay in that since. I need to find out if it is necessary to renew it and if so, how long after the first submittal.

Thanks,
Mike
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Mike EghtebasDatabase and Application DeveloperAuthor Commented:

Patent process is so tedious and unsure.
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GRayLCommented:
Now I think you need a lawyer ;-)
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