Ade & Company Inc. - Patent Agents
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General Information
Computer Programs

One area of significant overlap between patents and copyright relates to computer programs. Basically, a computer program is a written document and as such is protected by copyright.

In addition computer programs themselves are not patentable. However, copyright protection is not intended to protect concepts and instead protects the actual finished layout of the computer program.

In many cases, this protection is sufficient since the copier will want to directly copy the program without any modification, which would be an infringement of the copyright.

However if it is required to protect a concept involved in a computer program then this cannot be done by copyright but is instead possible by patent protection if the computer program is used in relation to a useful product or in relation to a process. In many cases, therefore, the inventor of the computer program will want to patent certain aspects of the concepts behind the program and in addition will hold copyright protection for specific details of the program.