Can software be patented?
Yes. Since copyright does not protect facts, ideas, systems, or methods of operation; a patent can be very useful in protecting algorithms and business methods.
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What protection does copyright offer?
Copyright protects the fixed tangible expression of an idea – not the idea itself. This means that no one can use your code without permission, but they can independently develop their own code that will accomplish the same objective.
The copyright holder has the right to:
Reproduce or copy the work, Create derivative works, Distribute the work, Perform the work in public, Display the work in public, Digital transmission performance. Refer to the US Copyright Office at www.copyright.gov for additional details.
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How do I copyright software?
Copyright is automatic and is granted through the process of writing the code (i.e. “when it is fixed in tangible form”). In some cases, it is desirable to register the material with the US Copyright Office-this provides a written record of the material which can be useful in prosecuting infringers. The registration requires completion of a two page form and the first 25 pages and last 25 pages of the code in question. The Office of Innovation Management will register any software that is being considered for license.
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How do I disclose software?
The Office of Innovation Management will help developer prepare a Software Disclosure Form, which describes the software and provides an indication as to how you wish to release the software. In most cases, we will provide information on the type of copyright notice to affix to the software prior to its release.
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Do I need to disclose software I have developed?
Yes. Software should be disclosed to the Office of Innovation Management before it is distributed so we can determine modes of distribution. For example, if the software was developed under a grant or contract, there may be certain restrictions or requirements limiting distribution. In addition, it may be desirable to patent certain elements of the software and distribution could negatively affect our ability to obtain any patents. Of course, we will consider trademark protections for the software, too.
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Who is the author of software?
The “author” of software is the original creator(s) of the code and the author(s) owns the copyright to the software. Refer to the Intellectual Property Policy for details. However, across America, software created under research grants or in the course of University employment is considered to be a “work for hire” under US Copyright law so the academic institution (the, University) may considered as the author of the software.
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What is the cost of obtaining a U. S. patent?
The full cost of obtaining and maintaining a U.S. patent over 20 years is in the range of $20,000 to $60,000. This sum is influenced by the type of technology being patented; the number of claims and drawings included in the application; the number and nature of rejections from USPTO; filing fees, etc. Of course, the cost of global protection (for the same technology) will be a multiple of the U.S. sum.
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How does the inventor participate in patent prosecution?
The inventor, patent attorney and Office of Innovation Management cooperate to secure broad, protectable coverage of the intellectual asset. Typically, this process requires a commitment of 6-12 hours, by the inventor team, during the period of prosecution.
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How does one go about obtaining a patent at UL Lafayette?
The Office of Innovation Management has experience prosecuting thousands of patent applications in dozens of “art groups.” Therefore, the Office of Innovation Management secures the services of a responsive, patent attorney with content expertise. The patent attorney, in concert with the inventors, files a written patent application at the USPTO and continues to correspond with USPTO until issuance of a patent. The Office of Innovation Management operates to ensure effective protections and to minimize the costs that will, ultimately, reduce revenues.
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Who owns patents at UL Lafayette?
As with every American academic, the University of Louisiana at Lafayette owns patents on most inventions made by UL Lafayette employees.
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