About Software Patent

[roberts220]

Presently am learning android development and think of releasing apps and games to the playstore soon.But the problem am facing presently is that I read in many places in the internet about software patents and google developer policy about intellectual property and none of them have given m clear information about what can be patented in software..Well if its all patented how can people develop new apps or add new features to existing app..I also read patents differ from country to country and some say to ask legal advice...When I release an app similar to existing app with more new features how can I be sure that nobody will file a case against me talking about patent or there wont be legal problems and make sure google wont delete my app stating something If there are 1.2 million apps how can I be sure that nothing in my new app is similar to the existing ones?? ..I see 5 to 10 similar apps in playstore...How these people dont have any problems??.And what is the criteria everywhere for a software patent to be eligible...Please explain in detail...Thanx in advance

[Buenchico]

You can't patent most types of software. There are over 70,000 patent classifications recognised by the World Intellectual Property Organisation (and its those classifications which are now recognised and used by most countries, including here in the UK):
http://web2.wipo.int/classifications/ipc/ipcpub/#refresh=page
If something you invent (or develop) isn't listed there, then you can't take out a patent on it.

Further, patent applications are difficult, expensive and time consuming. In the UK only 1 in 20 of personal applicants for patents actually get them granted so, unless you use a patent agent, your chances of getting a patent are far from good. Using a patent agent typically costs around £4,000 but you'd then need to pay again for patent applications around the world. Given that it usually take 5 years to obtain a UK patent, it wouldn't be a quick process either!

Fortunately though, while it's usually impossible to patent software, 'original non-literary written work' (which includes software code) is automatically copyrighted from the moment that you create it. You can't formally register that copyright though, simply because there's no official process for doing so. However you're free to declare your rights as the copyright holder by, for example, using the © symbol and/or stating "Copyright Fred Roberts 2016. Unauthorised copying, including for development purposes, prohibited".

So you should forget about patents (because they're almost certainly not applicable to your apps anyway) and concentrate on copyright. As stated above, your work needs to be 'original'. As long as it genuinely is, you'll automatically hold the copyright and be protected from legal action.

[Peter Pedant]

you might have thought you were asking about copyright in the first place

if you want to establish a copyright
one way is to deposit and signed and dated copy of the softward with a lawyer. Obviously it costs.... I dont know how much