Full question:
I have a software package for personal medical records. We are selling it in the USA and now have a group in Ireland that wants a license to sell it in Europe. Do we need a patent, copyright, or trademark to protect our product?
- Category: Intellectual Property
- Date:
- State: South Carolina
Answer:
Yes, you can obtain a patent, copyright, and trademark for your software that will be sold in Europe. These protections help safeguard your intellectual property and prevent competitors from infringing on your rights.
A copyright protects the original expression of your software, giving you exclusive rights to reproduce, copy, and distribute it. This applies to software as a literary work.
A patent can protect the underlying invention or functionality of your software, but it must meet specific criteria: it must be novel, nonobvious, and useful. If your software has been publicly disclosed or sold more than one year before applying for a patent, you may lose the right to patent it (35 U.S.C. § 102).
A trademark protects your brand identity, such as your software's name or logo, distinguishing it from others in the market. Trademark rights can prevent others from using a similar mark that could confuse consumers.
It's advisable to consult with an intellectual property attorney who specializes in international registrations to ensure you have the appropriate protections in place.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.