How to protect software and does a software patent exist?

Software and computer programs are usually protected by copyright. However, if the software provides a technical effect and also meets the usual requirements of novelty and inventiveness, a patent can also be applied for and obtained.

There is a big misconception among many European software engineers that software is not patentable. Although not easily obtainable, a lot of patents on software inventions have already been granted (also in Europe). The scope of protection of the patent will protect more than just the copyright on the source code.

Since this area of law is continuously changing, we advise you to first consult the advisers of brantsandpatents regarding your invention.

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