13.9. Software Protection
Protection for computer software has been the subject of debate for many years. There has always been strong opposition to the awarding of patents for inventions embodied in or involving software. Still, software is now commonly patented. Trade secret protection is available, but only if you keep the software secret, and the Copyright Office has a procedure whereby you can register software copyrights and specifically preserve trade secrets contained in the software.
13.9.1. Patents for Software
Broad patent protection is available for software. The scope of patent protection extends beyond the coding or routines, beyond the structure and organization, beyond the user interface and menus of the program, to the broad underlying concept of an algorithm. All manner of software is protectable by patent regardless of how it is perceived—as controlling industrial equipment or processes, as effecting data processes, or as operating the computer itself.
For example, software implementation of steps normally performed mentally may be patentable subject matter. In one case, the software implementation of a system that, upon the occurrence of preset conditions, automatically transferred a customer's funds among a brokerage security account, several money funds, and a Visa/checking account was held to be patentable subject matter. Also, a software method of translating from one language to another (Russian to English) was found to be protectable.
Many patents have ...
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