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I know there are a lot debate about it. Even in USA, a country very well know to be patent friend, have not sure if softwares are patentable.

But how is the interpretation to allow software patents?

I am "assuming" here that:

  1. Software is a computer program.
  2. Computer program is a coded (set of) algorithm which a "computer" can execute to perform a specified task.
  3. An algorithm is a computational process which can be defined by a Turing machine

Additionally, we can "consider":

  1. A computer is a restricted type of machine, a "discrete deterministic device" that can blindly follow some instructions.
  2. Any computer program can be embedded directly in computer hardware. Also, a computer program can be coded in any general purpose language such as general purpose hardware description language.
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This is a complex and controversial topic. The Supreme Court is currently co discerning a case that might clarify things. –  George White Apr 23 at 15:50
One thing for sure, software is covered by copyright. –  henke37 Aug 11 at 19:06

1 Answer 1

Generally a software is protected under the copyright law. And a copyright protection is much simple rather than filing a patent. A copyright is automatically granted to creator of the software. But a copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts as such and if you want protection in the underlying ideas in the computer program, you can file for a patent.

However, you have to weigh your product if it is really worth patenting or you would settle for copyright protection. Patent application is a complex process and only few software patents are granted but it is really useful if your program has a considerable commercial value.

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