Software Patents: A Software-Related Innovation to Protect Your Product | Law&Trust International

WHAT IS A SOFTWARE PATENT?

Every developer of software, computer games or web resources inevitably faces the need to protect their rights to the software and computer games created from potential theft and piracy. Protection of intellectual property, including software patent law, video game patent, computer software patent infringement, and increasing the cost of the final product when sold. Intellectual property can turn its owners into one of the wealthiest people on the planet Earth: an example of this is Bill Gates or Mark Zuckerberg. 

A software patent is any property rights to a computer program, user interface, algorithm or the performance of a computer from computer programs. Sometimes the real value of an object (or objects) of intellectual property is complicated to calculate. However, it is indisputable that intellectual property has this value and the higher the recognition of the final product, the higher the cost of intellectual property (the cost of filing a software patent).

1. COPYRIGHT

There are several ways to protect copyright, which are divided into two main types: jurisdictional types and non-jurisdictional types. Non-jurisdictional types includes the creation of a protective mechanism for copyrights, in which those who wish to access your programs illegally cannot take and implement it. Methods include the creation of a computer program that can limit the implementation of prohibited actions (such as copying or reproduction) with the original work.

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  • Moreover, non-jurisdictional means includes the communication of information about the right holder. This data can be communicated to a potential audience in the following ways: on the cover of the product,a website on the internet, on TV, and so on. In this case, the logic is simple - the more awareness(your rights) is brought to the potential audience, the more evidence provided that the copyright belongs to you.

  • The use of jurisdictional methods of protection is directly related to bringing the offender to legal responsibility (including a criminal). Thus, the offender can be obliged to pay damages (both damage and loss of profits), to demand monetary compensation.

2. INDUSTRIAL LAW

Registration of a Trademark for the Application Almost all objects of industrial law (except know-how) are subject to compulsory state registration. It is protected for a specified period (usually this period is ten years, but if the trademark is not used, then two years after filing, trademark protection can be considered terminated). Many objects can be registered as industrial property objects, only the criteria for attribution of any purpose to certain types of industrial property objects differ. This means to register a product name, its slogan, catchy phrases or names, you’ll need to register a trademark on the application (game trademark, gaming trademark)

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  • A trademark for software allows you to obtain the right to the exclusive use of any specific text or graphic image, and also allows you to save such text or graphics image from unauthorized copying by third parties.

  • The registration of the software trademark can be done by applying for registration of one (or several) types of the mark, including:

    Text;

    Graphics;

    Combined (drawing and text);

    Volumetric (for example, the 3D image of a bottle of Coca-Cola);

    Other (sounds, light signals, etc.).

SOFTWARE PATENT OR COPYRIGHT: HOW TO PROTECT SOFTWARE WITH A PATENT?

Another way to protect your application or game is to protect with a software patent (invention).
In Europe or US, you can provide a software code after getting a software patent but it will not be protected by the law itself (because it is protected by copyright), but by the game mechanics and a particular algorithm.

OBTAINING A PATENT FOR INDUSTRIAL DESIGN AND A PATENT FOR THE DESIGN

Graphics in computer games is not only protected through trademark registration. It can be done by patenting the design. Patenting of a design for a computer game provides your graphics game interface with protection against unauthorized use. You can trademark a lot of different graphic elements, for example, models and textures of weapons, menus, user interface, locations, the image of game characters.

  • You are obtaining a patent for a useful model for computer games.
  • You can also protect your computer game by registering a patent for a utility model.
  • The utility model protects some technical solution developed by you that relates to the device.
  • Each developer and author of a work is vital to attend to the registration of their rights to intellectual property, as this will protect the product and its constituent elements from illegal copying.

WHY LAW & TRUST INTERNATIONAL?

Lawyers of Law and Trust offer the following services: The registration of intellectual property (patents and trademarks) since 2006 in more than 100 jurisdictions. During this time, we have registered more than 3,000 intellectual property objects, including patents and trademarks. Our experts will also help you properly arrange the copyright protection of unregistered intellectual property: music, video sequence, game script, texts and other numerous objects at your discretion.
Law and Trust International offers a wide range of services in the field of IT. For each case, we select the most optimal strategy plan that will help develop your business in the IT sector to acquire new opportunities.
For more detailed information about our legal support system, please contact Law & Trust International by simply sending an email or call now to take your business to the next level!

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