Intellectual Property Protection for Software

Abstract : This module provides an overview of the U.S. intellectual property laws that form the framework within which legal rights in software are created, allocated, and enforced. The primary forms of intellectual property protection that are likely to apply to software are copyright, patent, and trade secret laws, which are discussed with particular emphasis on the controversial issues arising in their application to software. Also included is a brief introduction to government software acquisition regulations, trademark, trade dress, and related unfair competition issues that may affect software engineering decisions, and to the Semiconductor Chip Protection Act. Many decisions about the development, distribution, maintenance, and enhancement of software are likely to be affected by constraints imposed by intellectual property laws. Intellectual property law provides a 'default setting' of rights allocation when software is created. Licensing or other contracting arrangements may satisfy those who wish to vary the rights allocation arrangements that these laws create. In order to foresee the appropriate manner in which to develop and distribute software, it is important that software developers understand the framework of legal rights and responsibilities within which arrangements for the licensing or sale of their software products takes place.