Can You Patent Software in the USA? – Check Out the Answer!

Every unique invention or idea can get a patent or copyright. Patent or copyright provides legal rights to the creator to protect their creation from infringements or plagiarism of the idea. However, many tech people have shown their concern for the patent or copyright of software they have developed. The first question that arises is, can you patent software?

Software Patent or Copyright in the USA

Creating successful software, which is a set of instructions, forming source codes, and object codes take a lot of effort. It takes skill, a team, hard work, and investment. Therefore, it must be protected. It is the only reason why the USA provides legal rights to software developers to protect their software. You can protect your software through patent or copyright. Therefore, the answer to the title ‘can you patent software‘ is yes.


Software Copyright

Copyright can only protect the expression of work, not merely the idea.

Software is a combination of multiple computer programs expressed in terms of codes, words, schemes, and in many other forms. It makes the computer capable of performing particular tasks as per the input instructions. These codes, words, schemes, etc fall under the category of creative works. The US copyright act of the federal government recognizes software as a literary work. Therefore, you can protect the software under copyright law in the same manner as books, works of art, or movies.

Fresh or new software gets the copyright automatically under the law. For this, you need not apply separately. However, it is a good idea if you register your software with the US copyright office and the library of Congress. In case someone plagiarises the concept of your app, it makes you even more powerful. The process of registration takes nearly three months and a nominal registration fee.

If you have the copyright of the software you can distribute it, copy it, do derivative works, and can share it in public. The US copyright act of 1976 makes its use eligible for an educational or nonprofit purpose. Therefore, copyrighted works can be used in this manner.


Software Patent

As we know, copyright of software can only protect the expression of your idea and not merely the idea. Therefore, to save the functionality of your software, you should surely get the patent.

The USA does not give you freehand to claim any software for patent or copyright. It is only possible once it clarifies or passes the eligibility set by the federal government successfully. So the answer to the question, Can you patent software?  is Yes. For further clarification on how can you patent software or copyright in the USA, you can go through several court cases in the USA.

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