Under US law, there are three forms of intellectual property protection that are potentially available for the technical content of computer software 1 -patent, copyright and trade secret. In general, patent protection is available for an invention implemented wholly or partially in software to the extent the invention has technological application or utility. Copyright protection is available for the expressive (creative) elements of software to the extent that the expression is original and is not dictated by the function to be performed, or by other external design or operational constraints. Trade secret protection is available for any aspect of software that is not generally known by others and provides a competitive business advantage.
Since the late 1960s, the application of long established principles of US patent and copyright law to computer software has posed many difficult legal questions concerning the nature of the protected subject matter and the scope of protection to which that subject matter is entitled. However, the same has not been true with regard to trade secret protection. This is because of the inherent breadth of trade secret protection, subject only to the requirements of secrecy and competitive advantage. Accordingly, this article will focus on patent and copyright protection for software and the interplay between these two forms of protection in terms of protected subject matter, scope of protection and enforcement of rights, Ronald S, Laurie reports.