The term of patenting software can be confusing. Computer programs as such cannot be patented in most countries.
How can I protect the software?
It is mainly recommended that for the registration of software or mobile applications and their protection in Europe, one of the first steps is to register the brand and logo with which to identify the application. You can also register the trade name registration that identifies the business.
Keep in mind that mobile programs and applications cannot be protected by the industrial property if not by intellectual property.
There is an article in the patent agreement that excludes computer programs, technically preventing computer applications from being patentable in Europe.
An application or software can be protected by copyright where the programming language will be protected in a “literal” way, but not the commercial idea, procedure, or method where high economic value is obtained.
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Can you patent mobile software or applications?
There are many applications that exist in the market and most apps or software cannot be protected by patent. To patent software or a mobile application, you must meet the following requirements: novelty, inventive step, industrial application, and must have a technical nature.
For the mobile application or software to obtain novelty and inventive application, the software must be unique and new worldwide, validated by an expert who declares and confirms that it is not obvious or exists anywhere.
In order for the software or App to obtain an industrial and technical application, it must meet different requirements such as autonomously interacting with its environment, capturing information and returning results based on data collection.
It should not be forgotten that a patent is granted for a single invention that is developed to offer a technical solution to a given problem and the solution to this problem cannot replace other existing technical or physical solutions.
In addition, the requirements for granting this patent and its cost require high financial resources and depending on how the software is used together with the hardware, what you want to protect may differ, so it is very important to go to an expert to assess the possibility of applying for a patent.
To legally protect an application or software, there are different alternatives:
Register the brand, logo and design
Copyright before the notary
Trademark, trade name and industrial design registration
Registering the brand and logo to protect the name or image of your application, registering the commercial name to identify your business in the market, and registering the desired interface parts as industrial design is very important to protect your application against competition and, to be able to take any legal action that is required on the App.
For the assignment of rights contracts, intellectual property rights are established. In which it defines to all members of the development of the software or application, with capacity for economic exploitation.
In order to protect the copyrights in which, depending on the country, they can become valid between 50 and 70 years after the author's death, as creation of the software work and to demonstrate the moment of creation and its content, there are two ways, copyright and notarial protocol.
To protect the application through copyright, the owner must be one or more individuals who provide a description of the application and transcription of the source code before the administration.
It is valid in the 177 countries that are under the agreement in the Berne council and, depending on the type of company that you want to exploit, as in the case of commercial companies, it will carry out the obligation of different contracts between the different parties, even requiring representation before the notary.
Therefore, the most recommended option is to go to the notarial protocol and, deposit the content of the application or software before the notary, this content is not published and remains secretly secure.