Software can be protected under copyright or patent doctrines. However, both of these doctrines provide different levels of protection, so you should choose wisely.

Copyright is for original works, like songs, books, and software code. A copyright protects what’s known as the “expression” of your work. Copyright protects your software code from being copied and used without your permission. Copyright protection allows you to exclusively make copies of the work, distribute the work, make derivative works, and share or perform the work in public. A copyright lasts for the lifetime of the author, plus 70 years. As soon as your work is in “fixed and tangible form” it is automatically copyrighted. However, officially registering copyright with the U.S. Copyright Office provides additional benefits and is relatively inexpensive.   Copyright, however, doesn’t protect the idea behind the code, only its expression (the code itself).

A patent protects an invention or an original idea. Software patents are usually utility patents and must qualify as a machine, process, article of manufacture, or composition of matter. Patents can be used to prevent other people from using, importing, or selling your software. The powerful protection of a patent can only be granted if the software is new and original, useful, and nonobvious. A patent lasts for 20 years. Applying for a patent is very expensive and can cost thousands to tens of thousands of dollars. Additionally, the application process for obtaining a patent is complicated and can take up to two years.