With the world of technology evolving faster every day, it is essential that software creations are properly protected. After all, the possibility of making money with an innovation can attract people with bad intentions and willing to do anything for success.

Therefore, the software patent is essential to protect this creation from illegal uses and, in this way, protect intellectual property. In this sense, software registration — another way of protecting a system — helps complete this protection.

But do you know what a software patent is — and also software registration? We cover both concepts to give you more clarity on possible ways to protect your intellectual creations.

Keep reading to understand more about the topic. Good reading!

What is a patent?

A patent refers to an invention, whether of a new product or a new production process. With it, the inventor has the right to prevent third parties from using, producing or selling his invention without any kind of consent.

In short, a patent corresponds to a temporary property title that the State grants to the inventor. Thus, he has the results of intellectual efforts duly protected, as long as this invention is something unprecedented and subject to protection.

How software patent and registration works

Software registration is a protection of the code/screens of a system, where the objective is to prevent third parties from using the property for their own benefit. With it, it is possible to avoid/mitigate:

• Copies without prior authorization;

• Misuse of the system;

• Piracy or improper distribution;

• Appropriation, with or without change, of the code.

Once duly registered and protected, the registration holder can apply the instruments provided by law for situations of danger of its creation.

The software patent, on the other hand, does not focus on system code/screens, but on the functionality for which it was created. If, for example, you create a new database model—and patent the functionality—your system is commercially secure.

That is, third parties will not be able to use the same concept for their own commercial benefit, whether selling their system or creating software with the same functionality.

Furthermore, this patent protection, when granted, will be active for 20 years. After the period, the patent acquires the status of “public domain”, where anyone can make use of the invention without major problems.

Difference between patent and software registration

Broadly speaking, we can say that software patents and registrations aim to protect an innovation arising from programming. However, the protection mode in the two cases is slightly different.

In the software registry we have a protection model of the program’s source code. This will prevent any use of intellectual property by third parties — unauthorized —, either for their own use or for sale.

However, the person who has authorization will be able to apply or modify the source code to sell without any kind of consequence. So, in this case, the software registration has limitations that may not be interesting for the code register.

The software patent, on the other hand, acts in a more macro way, as it protects the concept of the software — not the source code. The patent guarantees that the functionality of the system is legally protected, which will prevent any kind of use by third parties.

In this case, the concept needs to meet 3 basic requirements to increase the chance of the software patent happening, according to the guidelines of Brazilian Law 9279/96. They are:

1. The software needs to bring something new to the market;

2. The software must meet the concept of inventive step;

3. The software needs to be practical and linked to a real industrial application.

So, as we could see, registration and patent can be requested in the same system. That is, you, as an inventor, will be able to apply the software registration and software patent on your product to have even more protection against competitors.

Advantages of software patent and registration

Starting with software registration, we have some advantages in using this feature to protect the source code of a build. To know:

• Ownership definition: the software registration makes it clear who owns it. This helps a lot in bureaucratic issues, especially in contracts, about who is really responsible for the system;

• Internal and external protection: once registered, the system has internal and external protections that prevent third-party actions. In this sense, all source code will be prohibited — by law — from use by unauthorized persons;

• Object of the contract: once the record exists, it is possible to use it as the object of the contract to create specific confidentiality clauses, for example. This makes it much easier to reference the software in contracts;

• Tenders: lastly, if the objective is to participate in tenders, the software registration covers one of the requirements of this action. Thus, the government guarantees that it is not contracting an illicit system — either through piracy or direct copying of a competitor.

The software patent basically protects the main functionality of the program. It also helps to define who is responsible for the system, as in software registration, and ensures protection against third parties.

So, as we have seen throughout the content, software registration and patent work in a complementary way to prevent system innovations from being compromised, which helps protect the intellectual property of software creators and developers.

So, if you need to protect your intellectual work, be sure to look for the competent companies to register and patent your system — and its features. This is undoubtedly very important for the future of any organization.